| Previous Day: Thursday, April 24 | Next Day: Tuesday, April 29 |
| Senate Journal: Index | House Journal: Index |
| Legislation: Index | Bill History: Index |
This file contains STRIKE and UNDERSCORE. If you cannot see either STRIKE or UNDERSCORE attributes or would like to change how these attributes are displayed, please use the following form to make the desired changes.
One Hundred Sixth Calendar Day - Sixty-seventh Session Day
Hall of the House of Representatives
Des Moines, Iowa, Monday, April 28, 1997
The House met pursuant to adjournment at 10:00 a.m., Speaker
Corbett in the chair.
Prayer was offered by the Honorable Bill Dix, state
representative from Butler County.
The Journal of Thursday, April 24, 1997 was approved.
THE PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by the Speaker's page, Kelli
Kilgore.
INTRODUCTION OF BILL
House File 734, by committee on ways and means, a bill for
an act relating to the criminal and civil justice system by
providing for the imposition of a civil penalty for certain
motor vehicle license convictions, for the appropriation and
distribution of the penalties collected, and for the imposition
and payment of fees for probation and parole, and concerning
inmate employment in private industry.
Read first time and referred to committee on appropriations.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 25, 1997, concurred in the House
amendment to the Senate amendment, and passed the following bill
in which the concurrence of the Senate was asked:
House File 335, a bill for an act relating to public health
issues under the purview of the Iowa department of public
health, including vital statistics, the board of nursing
examiners, the board of dental examiners, lead poisoning, the
immunization registry, the child death review team, plumbing
provisions and fees, and providing a penalty and a contingent
effective date.
Also: That the Senate has on April 25, 1997, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 724, a bill for an act relating to investments in
counties and cities by providing for the establishment of
enterprise zones in areas of counties and cities for which tax
incentives and assistance are available for eligible businesses
locating or located in the enterprise zone.
Also: That the Senate has on April 25, 1997, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 726, a bill for an act relating to the livestock
production tax credit; increasing the state's reimbursement for
the homestead, military service, and elderly and disabled
credits; requiring the state to reimburse new property tax
credits and exemptions; providing for local government budget
practices and property tax statements; and including
applicability date provisions.
Also: That the Senate has on April 25, 1997, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 730, a bill for an act relating to state government
technology and operations, by making and relating to
appropriations to the Iowa communications network for the
connection and support of certain Part III users, making
appropriations to various entities for other technology-related
purposes, providing for the procurement of information
technology, and providing effective dates.
Also: That the Senate has on April 25, 1997, passed the
following bill in which the concurrence of the Senate was asked:
House File 732, a bill for an act relating to housing
development and making an appropriation.
Also: That the Senate has on April 24, 1997, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 733, a bill for an act making appropriations from the
rebuild Iowa infrastructure fund to the departments of cultural
affairs, general services, economic development, public defense,
natural resources, human services, revenue and finance, public
safety, education, transportation, workforce development, and
agriculture and land stewardship, and to the commission of
veterans affairs, Loess Hills development and conservation
authority, state fair foundation, and state board of regents,
making an appropriation of marine fuel tax receipts from the
general fund of the state, and making statutory changes relating
to the appropriations.
Also: That the Senate has on April 25, 1997, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 129, a bill for an act updating the Iowa Code
references to the Internal Revenue Code and providing a
retroactive applicability date and an effective date.
Also: That the Senate has on April 24, 1997, adopted the
conference committee report and passed Senate File 529, a bill
for an act relating to and making appropriations to certain
state departments, agencies, funds, and certain other entities,
providing for regulatory authority, and other properly related
matters.
Also: That the Senate has on April 25, 1997, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 531, a bill for an act relating to the increase in
the physical plant and equipment levy.
Also: That the Senate has on April 25, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 553, a bill for an act relating to the tax treatment
of financial institutions and their shareholders which have made
an election under subchapter S of the Internal Revenue Code and
including a retroactive applicability date provision.
MARY PAT GUNDERSON, Secretary
SENATE MESSAGES CONSIDERED
Senate File 550, by Iverson and Gronstal, a bill for an act
establishing an oversight and communications committee,
establishing a legislative information technology bureau, and
providing an effective date.
Read first time and referred to committee on state government.
Senate File 553, by committee on ways and means, a bill for
an act relating to the tax treatment of financial institutions
and their shareholders which have made an election under
subchapter S of the Internal Revenue Code and including a
retroactive applicability date provision.
Read first time and referred to committee on ways and means.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Connors of Polk on request of Schrader of Marion.
CONSIDERATION OF BILLS
Appropriations Calendar
Senate File 161, a bill for an act modifying the holding
temperature required for the storage of eggs sold at retail,
with report of committee recommending passage, was taken up for
consideration.
Meyer of Sac moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 161)
The ayes were, 85:
Arnold Barry Bell Blodgett
Boddicker Boggess Bradley Bukta
Burnett Carroll Cataldo Cohoon
Cormack Dinkla Dix Doderer
Dolecheck Drake Drees Eddie
Fallon Foege Ford Frevert
Garman Gipp Greig Greiner
Gries Grundberg Hahn Hansen
Holmes Holveck Houser Huseman
Huser Jacobs Jenkins Jochum
Kinzer Klemme Koenigs Kreiman
Kremer Lamberti Larkin Larson
Lord Martin Mascher May
Metcalf Meyer Millage Moreland
Mundie Murphy Myers O'Brien
Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Maanen Veenstra Warnstadt Weidman
Weigel Welter Whitead Wise
Witt Mr. Speaker
Corbett
The nays were, 8:
Brauns Brunkhorst Chapman Churchill
Dotzler Falck Mertz Vande Hoef
Absent or not voting, 7:
Bernau Brand Chiodo Connors
Heaton Nelson Van Fossen
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 161 be immediately messaged to the Senate.
SENATE AMENDMENTS CONSIDERED
Millage of Scott called up for consideration House File 662, a
bill for an act relating to the defense of criminal charges, by
making changes in the penalties applicable to certain offenses
for which appointment of counsel is required, providing county
attorneys or their designees with access to the centralized
employee registry for purposes of collection of restitution,
making changes relating to the determination of a person's
indigency, prohibiting the submission of false information on an
affidavit of financial status, requiring the state to enforce
liens for restitution in criminal cases, and providing
penalties, amended by the Senate amendment H-1775 as follows:
H-1775
1 Amend House File 662, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 6, line 7, by striking the words "to the
4 clerk of court".
5 2. Page 6, line 23, by striking the word
6 "application" and inserting the following:
7 "assessment".
8 3. Page 6, lines 24 and 25, by striking the words
9 "the filing of the affidavit of financial status" and
10 inserting the following: "determination of
11 indigency".
12 4. Page 6, line 26, by striking the word
13 "application" and inserting the following:
14 "assessment".
15 5. Page 6, lines 27 and 28, by striking the words
16 "application is filed" and inserting the following:
17 "determination of indigency is made".
18 6. Page 6, line 31, by striking the word
19 "application" and inserting the following:
20 "assessment".
21 7. By striking page 6, line 33, through page 7,
22 line 10, and inserting the following:
23 "c. Before legal assistance is granted, the".
24 8. Page 7, by striking lines 13 through 17 and
25 inserting the following: "assistance. If the court
26 determines that the assessment fee should be assessed
27 at the time fixed by the court for pronouncement of
28 judgment and sentence, the order appointing counsel
29 shall".
30 9. Page 7, line 18, by inserting after the word
31 "determination." the following: "At the time fixed
by
32 the court for pronouncement of judgment and
33 sentencing, the court shall verify that the assessment
34 fee has been paid or has been waived by the court. If
35 the fee has not been paid or waived the court shall
36 include the amount of the assessment fee in any orders
37 for payment of restitution and may order that any
38 posted cash bond be forfeited in an amount sufficient
39 to pay the assessment fee."
40 10. Page 8, by inserting after line 29, the
41 following:
42 "Sec. ___. Section 815.10, subsection 1, Code
43 1997, is amended by adding the following new
44 unnumbered paragraph:
45 NEW UNNUMBERED PARAGRAPH. For purposes of this
46 section, a person who is charged with a serious
47 misdemeanor offense which is only punishable by the
48 imposition of a fine shall not be entitled to legal
49 assistance at public expense."
50 11. Page 9, by striking lines 8 through 11 and
Page 2
1 inserting the following: "By".
2 12. By renumbering, relettering, or redesignating
3 and correcting internal references as necessary.
Millage of Scott offered the following amendment H-1914, to the
Senate amendment H-1775, filed by him and moved its adoption:
H-1914
1 Amend the Senate amendment, H-1775, to House File
2 662, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, by inserting after line 2 the
5 following:
6 " . Page 1, by inserting before line 1 the
7 following:
8 "Section 1. Section 13B.6, subsection 1, Code
9 1997, is amended to read as follows:
10 1. There is established in the state general fund
11 of the state an account to be known as the state
12 public defender operating account. The state public
13 defender may bill a county for services rendered to
14 the county by the office of the state public defender.
15 Receipts shall be deposited in the operating account
16 established under this section subsection. There is
17 appropriated from the state general fund of the
state
18 all amounts deposited in the state public defender
19 operating account for use in maintaining the
20 operations of the office of state public defender.
21 1A. There is established in the general fund of
22 the state an account to be known as the indigent
23 defense assessment fee account. Receipts shall be
24 deposited in the account established under this
25 subsection as required by law. There is appropriated
26 from the general fund of the state all amounts
27 deposited in the indigent defense fee assessment
28 account for payment by the state public defender of
29 any shortfalls which may arise in the state public
30 defender operating account for payment of court-
31 appointed attorney fees."
32 . By striking page 1, line 35, through page 2,
33 line 30, and inserting the following:
34 "Sec. ___. Section 602.8106, subsection 1, Code
35 1997, is amended by adding the following new
36 paragraph:
37 NEW PARAGRAPH. g. For the filing of an affidavit
38 of financial status for a determination of indigency
39 and qualification for court-appointed counsel under
40 section 815.9, thirty dollars.
41 Sec. ___. Section 602.8107, subsection 2,
42 paragraph d, Code 1997, is amended to read as follows:
43 d. Court costs, including correctional fees
44 assessed pursuant to sections 356.7 and 904.108,
45 court-appointed attorney fees, or public defender
46 expenses, and assessment fees under section 815.9.
47 Sec. ___. Section 602.8108, subsection 2, Code
48 1997, is amended to read as follows:
49 2. Except as otherwise provided, the clerk of the
50 district court shall report and submit to the state
Page 2
1 court administrator, not later than the fifteenth day
2 of each month, the fines and fees received during the
3 preceding calendar month. Except as provided in
4 subsections 4, and 5, and 6, the state court
5 administrator shall deposit the amounts received with
6 the treasurer of state for deposit in the general fund
7 of the state. The state court administrator shall
8 report to the legislative fiscal bureau within thirty
9 days of the beginning of each fiscal quarter the
10 amount received during the previous quarter in the
11 account established under this section.
12 Sec. ___. Section 602.8108, Code 1997, is amended
13 by adding the following new subsection:
14 NEW SUBSECTION. 6. The state court administrator
15 shall deposit any amounts received as a result of the
16 imposition of an assessment fee under section 815.9
17 with the treasurer of state for deposit of the
18 receipts in the indigent defense assessment fee
19 account established in section 13B.6.""
20 2. Page 1, by inserting after line 39 the
21 following:
22 " . By striking page 7, line 33, through page
23 8, line 29, and inserting the following:
24 "Sec. ___. Section 815.9A, subsections 1, 2, and
25 3, Code 1997, are amended by striking the
26 subsections.""
27 3. By renumbering as necessary.
Amendment H-1914, to Senate amendment H-1775, was adopted.
On motion by Millage of Scott, the House concurred in the Senate
amendment H-1775, as amended.
Millage of Scott moved that the bill, as amended by the Senate,
further amended and concurred in by the House, be read a last
time now and placed upon its passage which motion prevailed and
the bill was read a last time.
Under the provision of Rule 76, Kreiman of Davis refrained from
voting.
On the question "Shall the bill pass?" (H.F. 662)
The ayes were, 86:
Arnold Barry Bell Bernau
Blodgett Boggess Bradley Brauns
Brunkhorst Bukta Burnett Carroll
Cataldo Chapman Chiodo Churchill
Cohoon Cormack Dinkla Dix
Doderer Dolecheck Dotzler Drake
Drees Falck Foege Ford
Frevert Gipp Greig Greiner
Gries Grundberg Hahn Hansen
Heaton Holmes Holveck Huseman Huser
Jacobs Jenkins Jochum Kinzer
Klemme Koenigs Kremer Lamberti
Larkin Larson Lord Martin Mascher May
Mertz Metcalf Millage
Moreland Murphy Myers O'Brien
Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Maanen Vande Hoef Warnstadt Weidman
Weigel Whitead Wise Witt
Mr. Speaker
Corbett
The nays were, 7:
Boddicker Eddie Fallon Garman
Houser Meyer Welter
Absent or not voting, 7:
Brand Connors Kreiman Mundie Nelson
Van Fossen Veenstra
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 662 be immediately messaged to the Senate.
Bradley of Clinton called up for consideration House File 456, a
bill for an act relating to city civil service and providing an
effective date, amended by the Senate, and moved that the House
concur in the following Senate amendment H-1919:
H-1919
1 Amend House File 456, as passed by the House, as
2 follows:
3 1. Page 2, by striking lines 15 through 20.
4 2. By striking page 2, line 34, through page 3,
5 line 31.
6 3. By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-1919.
Bradley of Clinton moved that the bill, as amended by the Senate
and concurred in by the House, be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 456)
The ayes were, 96:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brauns Brunkhorst Bukta Burnett
Carroll Cataldo Chapman Chiodo
Churchill Cohoon Cormack Dinkla
Dix Doderer Dolecheck Dotzler Drake
Drees Eddie Falck Fallon
Foege Ford Frevert Garman
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Holveck Houser Huseman
Huser Jacobs Jenkins Jochum
Kinzer Klemme Koenigs Kreiman
Kremer Lamberti Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Meyer Millage Moreland
Mundie Murphy Myers O'Brien
Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Maanen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Mr. Speaker
Corbett
The nays were, none.
Absent or not voting, 4:
Brand Connors Nelson Van Fossen
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Eddie of Buena Vista called up for consideration House File 142,
a bill for an act relating to the hunting of deer with a pistol
or revolver and providing a penalty, amended by the following
Senate amendment H-1774:
H-1774
1 Amend House File 142, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, lines 4 through 6 by striking the
4 words "to coincide with one or more firearm seasons or
5 to be one or more separate pistol or revolver seasons
6 for hunting deer." and inserting the following: "as
7 separate firearm seasons or to coincide with one or
8 more other firearm deer hunting seasons."
9 2. Page 1, by striking lines 14 through 16 and
10 inserting the following: "barrel modifications. The
11 barrel length of a pistol or revolver use for deer
12 hunting shall be at least".
13 3. Page 1, by striking lines 19 through 22 and
14 inserting the following: "with a pistol or revolver.
15 A person possessing a prohibited".
Eddie of Buena Vista asked and received unanimous consent that
House File 142 be temporarily deferred and that the bill retain
its place on the calendar. (Amendment H-1774 pending.)
Speaker pro tempore Van Maanen of Marion in the chair at 10:52
a.m.
Greig of Emmet called up for consideration House File 726, a
bill for an act relating to the livestock production tax credit;
increasing the state's reimbursement for the homestead, military
service, and elderly and disabled credits; requiring the state
to reimburse new property tax credits and exemptions; providing
for local government budget practices and property tax
statements; and including applicability date provisions, amended
by the Senate, and moved that the House concur in the following
Senate amendment H-1940:
H-1940
1 Amend House File 726, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, by inserting after line 2 the
4 following:
5 "Section 1. Section 422.120, subsection 1,
6 paragraph b, Code 1997, is amended by striking the
7 paragraph and inserting in lieu thereof the following:
8 b. (1) The credit shall be available to an
9 individual or corporate taxpayer if the taxpayer's
10 federal taxable income is not more than ninety-nine
11 thousand six hundred dollars for the tax year. In the
12 case of married taxpayers, their combined federal
13 taxable income shall be used to determine if they
14 qualify for the credit.
15 (2) For each subsequent tax year, the maximum
16 taxable income amount specified in subparagraph (1)
17 shall be multiplied by the cumulative index factor for
18 that tax year. "Cumulative index factor" means the
19 product of the annual index factor for the 1997
20 calendar year and all annual index factors for
21 subsequent calendar years. The cumulative index
22 factor applies to all tax years beginning on or after
23 January 1 of the calendar year for which the latest
24 annual index factor has been determined.
25 (3) The annual index factor for the 1997 calendar
26 year is one hundred percent. For each subsequent
27 calendar year, the annual index factor equals the
28 annual inflation factor for that calendar year as
29 computed in section 422.4 for purposes of the
30 individual income tax."
The motion prevailed and the House concurred in the Senate
amendment H-1940.
Greig of Emmet moved that the bill, as amended by the Senate and
concurred in by the House, be read a last time now and placed
upon its passage which motion prevailed and the bill was read a
last time.
On the question "Shall the bill pass?" (H.F. 726)
The ayes were, 98:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Corbett, Spkr.
Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege
Ford Frevert Garman Gipp
Greig Greiner Gries Grundberg
Hahn Hansen Heaton Holmes
Holveck Houser Huseman Huser
Jacobs Jenkins Jochum Kinzer
Klemme Koenigs Kreiman Kremer
Lamberti Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Meyer Millage Moreland
Mundie Murphy Myers O'Brien
Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Whitead
Wise
Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 2:
Connors Nelson
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
House Files 456 and 726.
ADOPTION OF THE REPORT OF THE
CONFERENCE COMMITTEE
(Senate File 529)
Brunkhorst of Bremer called up for consideration the report of
the conference committee on Senate File 529 and moved the
adoption of the conference committee report and the amendments
contained therein as follows:
REPORT OF THE CONFERENCE COMMITTEE ON SENATE FILE 529
To the President of the Senate and the Speaker of the House of
Representatives:
We, the undersigned members of the conference committee
appointed to resolve the differences between the Senate and the
House of Representatives on Senate File 529, a bill for An Act
relating to and making appropriations to certain state
departments, agencies, funds, and certain other entities,
providing for regulatory authority, and other properly related
matters, respectfully make the following report:
1. That the Senate recedes from its amendment, H-1897.
2. That the House amendment, S-3527, to Senate File 529, as
amended, passed, and reprinted by the Senate, is amended as
follows:
1. Page 1, by striking lines 3 through 6.
2. Page 1, by inserting after line 6 the following:
" . Page 9, by inserting after line 2 the following:
"Sec. ___. NONREVERSION. Notwithstanding section 8.33,
unobligated moneys remaining on June 30, 1997, from moneys
appropriated to the department of general services in 1996 Iowa
Acts, chapter 1219, section 44, shall not revert to the general
fund of the state but shall be available for expenditure for the
following fiscal year for the purposes for which appropriated.""
3. Page 1, by striking lines 23 and 24 and inserting the
following: "from winning tickets back on the equipment.
However, such lottery equipment may be leased or purchased if
the credits from winning tickets are printed out on a receipt".
4. Page 1, by striking lines 26 through 31.
5. By renumbering, relettering, or redesignating and correcting
internal references as necessary.
ON THE PART OF THE HOUSE: ON THE PART OF THE SENATE:
BOB BRUNKHORST, Chair MARY LUNDBY, Chair
DANNY HOLMES MERLIN E. BARTZ
RALPH KLEMME JAMES BLACK
A non-record roll call was requested.
Rule 75 was invoked.
The ayes were 52, nays 44.
The motion prevailed and the conference committee report was
adopted.
Brunkhorst of Bremer moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 529)
The ayes were, 55:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Cataldo Chiodo Churchill Corbett, Spkr.
Cormack Dinkla Dix Dolecheck
Drake Eddie Fallon Garman
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Houser Huseman Jacobs
Jenkins Klemme Kremer Lamberti
Larson Lord Martin Metcalf
Meyer Millage Rants Rayhons
Siegrist Sukup Teig Thomson
Tyrrell Van Fossen Vande Hoef Veenstra
Weidman Welter Van Maanen,
Presiding
The nays were, 43:
Bell Bernau Brand Bukta
Burnett Carroll Chapman Cohoon
Doderer Dotzler Drees Falck
Foege Ford Frevert Holveck
Huser Jochum Kinzer Koenigs
Kreiman Larkin Mascher May
Mertz Moreland Mundie Murphy
Myers O'Brien Osterhaus Reynolds-Knight
Richardson Scherrman Schrader Shoultz
Taylor Thomas Warnstadt Weigel
Whitead Wise Witt
Absent or not voting, 2:
Connors Nelson
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 529 be immediately messaged to the Senate.
SENATE AMENDMENT CONSIDERED
The House resumed consideration of House File 142, a bill for an
act relating to the hunting of deer with a pistol or revolver
and providing a penalty, previously deferred, and amended by the
Senate.
Siegrist of Pottawattamie asked and received unanimous consent
that House File 142 be deferred and that the bill retain its
place on the calendar. (Amendment H-1774 pending.)
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 28, 1997, amended and passed the
following bill in which the concurrence of the House is asked:
House File 540, a bill for an act relating to personnel
procedures and investment policy requirements for state
government employees.
Also: That the Senate has on April 28, 1997, concurred in the
House amendment to the Senate amendment, and passed the
following bill in which the concurrence of the Senate was asked:
House File 579, a bill for an act relating to the membership of
the medical assistance advisory council.
MARY PAT GUNDERSON, Secretary
On motion by Siegrist of Pottawattamie, the House was recessed
at 11:58 a.m., until 1:45 p.m.
AFTERNOON SESSION
The House reconvened at 1:50 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-two members present,
thirty-eight absent.
SENATE AMENDMENT CONSIDERED
The House resumed consideration of House File 142, a bill for an
act relating to the hunting of deer with a pistol or revolver
and providing a penalty, amended by the Senate amendment H-1774,
previously deferred, and found on page 1605 of the House Journal.
Richardson of Warren offered the following amendment H-1951, to
the Senate amendment H-1774, filed by him from the floor and
moved its adoption:
H-1951
1 Amend the Senate amendment, H-1774, to House File
2 142, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, by striking lines 9 through 12.
5 2. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 37, nays 45.
Amendment H-1951 lost.
On motion by Eddie of Buena Vista, the House concurred in the
Senate amendment H-1774.
Eddie of Buena Vista moved that the bill, as amended by the
Senate and concurred in by the House, be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 142)
The ayes were, 61:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brand Carroll Cataldo
Chiodo Churchill Corbett, Spkr. Cormack
Dolecheck Dotzler Drake Eddie
Falck Frevert Garman Gipp
Greig Greiner Gries Hahn
Hansen Holmes Houser Huseman
Jacobs Jenkins Klemme Kremer
Lamberti Larson Lord Martin
May Mertz Metcalf
Meyer Mundie O'Brien Rants
Rayhons Reynolds-Knight Scherrman Siegrist
Sukup Teig Thomson Tyrrell
Van Fossen Vande Hoef Veenstra
Warnstadt Weidman Welter Wise Witt
Van Maanen,
Presiding
The nays were, 33:
Bell Bernau Brauns Brunkhorst
Bukta Burnett Cohoon Dix
Doderer Drees Fallon Foege
Ford Heaton Holveck Huser
Jochum Kinzer Koenigs Kreiman
Larkin Mascher Moreland Murphy
Myers Osterhaus Richardson Schrader
Shoultz Taylor Thomas Weigel
Whitead
Absent or not voting, 6:
Chapman Connors Dinkla Grundberg
Millage Nelson
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
SPONSOR WITHDRAWN
(House File 142)
Richardson of Warren requested to be withdrawn as a sponsor of
House File 142.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 142 be immediately messaged to the Senate.
ADOPTION OF THE REPORT OF THE
CONFERENCE COMMITTEE
(House File 612)
Boddicker of Cedar called up for consideration the report of the
conference committee on House File 612 and moved the adoption of
the conference committee report and the amendments contained
therein as follows:
REPORT OF THE CONFERENCE COMMITTEE ON HOUSE FILE 612
To the Speaker of the House of Representatives and the President
of the Senate:
We, the undersigned members of the conference committee
appointed to resolve the differences between the House of
Representatives and the Senate on House File 612, a bill for An
Act relating to child support recovery, providing penalties, and
providing effective dates, respectfully make the following
report:
1. That the House recedes from its amendment, S-3708.
2. That the Senate recedes from its amendment, H-1795.
3. That House File 612, as amended, passed, and reprinted by
the House, is amended as follows:
1. By striking page 26, line 27, through page 27, line 7, and
inserting the following: "amended by striking the subsection."
2. Page 27, line 30, by inserting after the word "methods."
the following: "The department shall utilize, to the maximum
extent possible, every available automated process to collect
support payments prior to referral of a case to a private
collection agency."
3. Page 31, by inserting after line 22 the following:
"Sec. ___. NEW SECTION. 252B.6A EXTERNAL SERVICES.
1. Provided that the action is consistent with applicable
federal law and regulation, an attorney licensed in this state
shall receive compensation as provided in this section for
support collected as the direct result of a judicial proceeding
maintained by the attorney, if all of the following apply to the
case:
a. The unit is providing services under this chapter.
b. The current support obligation is terminated and only
arrearages are due under an administrative or court order and
there has been no payment under the order for at least the
twelve-month period prior to the provision of notice to the unit
by the attorney under this section.
c. Support is assigned to the state based upon cash assistance
paid under chapter 239, or its successor.
d. The attorney has provided written notice to the central
office of the unit and to the obligee at the last known address
of the obligee of the intent to initiate a specified judicial
proceeding, at least thirty days prior to initiating the
proceeding.
e. The attorney has provided documentation to the unit that the
attorney is insured against loss caused by the attorney's legal
malpractice or acts or omissions of the attorney which result in
loss to the state or other person.
f. The collection is received by the collection services center
within ninety days of provision of the notice to the unit. An
attorney may provide subsequent notices to the unit to extend
the time for receipt of the collection by subsequent ninety-day
periods.
2. a. If, prior to February 15, 1998, notice is provided
pursuant to subsection 1 to initiate a specific judicial
proceeding, this section shall not apply to the proceeding
unless the unit consents to the proceeding.
b. (1) If, on or after February 15, 1998, notice is provided
pursuant to subsection 1 to initiate a specific judicial
proceeding, this section shall apply to the proceeding only if
the case is exempt from application of rules adopted by the
department pursuant to subparagraph (2) which limit application
of this section.
(2) The department shall adopt rules which include, but are not
limited to, exemption from application of this section to
proceedings based upon, but not limited to, any of the following:
(a) A finding of good cause pursuant to section 252B.3.
(b) The existence of a support obligation due another state
based upon public assistance provided by that state.
(c) The maintaining of another proceeding by an attorney under
this section for which the unit has not received notice that the
proceeding has concluded or the ninety-day period during which a
collection may be received pertaining to the same case has not
yet expired.
(d) The initiation of a seek employment action under section
252B.21, and the notice from the attorney indicates that the
attorney intends to pursue a contempt action.
(e) Any other basis for exemption of a specified proceeding
designated by rule which relates to collection and enforcement
actions provided by the unit.
3. The unit shall issue a response to the attorney providing
notice within ten days of receipt of the notice. The response
shall advise the attorney whether the case to which the
specified judicial proceeding applies meets the requirements of
this section.
4. For the purposes of this section, a "judicial proceeding"
means an action to enforce support filed with a court of
competent jurisdiction in which the court issues an order which
identifies the amount of the support collection which is a
direct result of the court proceeding. "Judicial proceedings"
include but are not limited to those pursuant to chapters 598,
626, 633, 642, 654, or 684 and also include contempt proceedings
if the collection payment is identified in the court order as
the result of such a proceeding. "Judicial proceedings" do not
include enforcement actions which the unit is required to
implement under federal law including, but not limited to,
income withholding.
5. All of the following are applicable to a collection which is
the result of a judicial proceeding which meets the requirements
of this section:
a. All payments made as the result of a judicial proceeding
under this section shall be made to the clerk of the district
court or to the collection services center and shall not be made
to the attorney. Payments received by the clerk of the district
court shall be forwarded to the collection services center as
provided in section 252B.15.
b. The attorney shall be entitled to receive an amount which is
equal to twenty-five percent of the support collected as the
result of the specified judicial proceeding not to exceed the
amount of the nonfederal share of assigned support collected as
the result of that proceeding. The amount paid under this
paragraph is the full amount of compensation due the attorney
for a proceeding under this section and is in lieu of any
attorney fees. The court shall not order the obligor to pay
additional attorney fees. The amount of compensation calculated
by the unit is subject, upon application of the attorney, to
judicial review.
c. Any support collected shall be disbursed in accordance with
federal requirements and any support due the obligee shall be
disbursed to the obligee prior to disbursement to the attorney
as compensation.
d. The collection services center shall disburse compensation
due the attorney only from the nonfederal share of assigned
collections. The collection services center shall not disburse
any compensation for court costs.
e. The unit may delay disbursement to the attorney pending the
resolution of any timely appeal by the obligor or obligee.
f. Negotiation of a partial payment or settlement for support
shall not be made without the approval of the unit and the
obligee, as applicable.
6. The attorney initiating a judicial proceeding under this
section shall notify the unit when the judicial proceeding is
completed.
7. a. An attorney who initiates a judicial proceeding under
this section represents the state for the sole and limited
purpose of collecting support to the extent provided in this
section.
b. The attorney is not an employee of the state and has no
right to any benefit or compensation other than as specified in
this section.
c. The state is not liable or subject to suit for any acts or
omissions resulting in any damages as a consequence of the
attorney's acts or omissions under this section.
d. The attorney shall hold the state harmless from any act or
omissions of the attorney which may result in any penalties or
sanctions, including those imposed under federal bankruptcy
laws, and the state may recover any penalty or sanction imposed
by offsetting any compensation due the attorney under this
section for collections received as a result of any judicial
proceeding initiated under this section.
e. The attorney initiating a proceeding under this section does
not represent the obligor.
8. The unit shall comply with all state and federal laws
regarding confidentiality. The unit may release to an attorney
who has provided notice under this section, information
regarding child support balances due, to the extent provided
under such laws.
9. This section shall not be interpreted to prohibit the unit
from providing services or taking other actions to enforce
support as provided under this chapter."
4. Page 35, by striking lines 14 through 21 and inserting the
following: "subject to a penalty of one hundred dollars per
refusal."
5. Page 35, by striking lines 23 through 27 and inserting the
following: "subpoena, fails to request a conference, and
fails to pay a fine imposed under subparagraph (4), the unit may
petition the district court to compel the person to comply with
this paragraph. If the person objects to imposition of the
fine, the person may seek judicial review by the district
court."
6. Page 41, by inserting after line 11 the following:
"Sec. ___. Section 252B.14, subsection 3, Code 1997, is amended
to read as follows:
3. For a support order as to which subsection 2 does not apply,
support payments made pursuant to the order shall be directed to
and disbursed by the clerk of the district court in the county
in which the order for support is filed. The clerk
of the district court may require the obligor to submit payments
by bank draft or money order if the obligor submits an
insufficient funds support payment to the clerk of the district
court."
7. Page 46, by striking lines 24 through 26 and inserting the
following: "the unpaid difference between the amount under the
approved order and the amount under the order of the court on
appeal is satisfied."
8. Page 115, line 21, by striking the figures "1, 3," and
inserting the following: "3".
9. Page 115, by striking lines 23 through 31.
10. Page 116, line 6, by striking the words "third-party
child care,".
11. Page 116, lines 27 and 28, by striking the words
"third-party child care,".
12. Page 119, by striking lines 31 through 33 and inserting the
following:
"NEW SUBSECTION. 5A. The court may order a postsecondary
education subsidy if good cause is shown.
a. In determining whether good cause exists for ordering a
postsecondary education subsidy, the court shall consider the
age of the child, the ability of the child relative to
postsecondary education, the child's financial resources,
whether the child is self-sustaining, and the financial
condition of each parent. If the court determines that good
cause is shown for ordering a postsecondary education subsidy,
the court shall determine the amount of subsidy as follows:
(1) The court shall determine the cost of postsecondary
education based upon the cost of attending an in-state public
institution for a course of instruction leading to an
undergraduate degree and shall include the reasonable costs for
only necessary postsecondary education expenses.
(2) The court shall then determine the amount, if any, which
the child may reasonably be expected to contribute, considering
the child's financial resources, including but not limited to
the availability of financial aid whether in the form of
scholarships, grants, or student loans, and the ability of the
child to earn income while attending school.
(3) The child's expected contribution shall be deducted from
the cost of postsecondary education and the court shall
apportion responsibility for the remaining cost of postsecondary
education to each parent. The amount paid by each parent shall
not exceed thirty-three and one-third percent of the total cost
of postsecondary education.
b. A postsecondary education subsidy shall be payable to the
child, to the educational institution, or to both, but shall not
be payable to the custodial parent.
c. A postsecondary education subsidy shall not be awarded if
the child has repudiated the parent by publicly disowning the
parent, refusing to acknowledge the parent, or by acting in a
similar manner.
d. The child shall forward, to each parent, reports of grades
awarded at the completion of each academic session, within ten
days of receipt of the reports. Unless otherwise specified by
the parties, a postsecondary education subsidy awarded by the
court shall be terminated upon the child's completion of the
first calendar year of course instruction if the child fails to
maintain a cumulative grade point average in the median range or
above during that first calendar year."
13. Page 120, by striking lines 1 through 12 and inserting the
following: "the residence of the minor child to a location
which is one hundred fifty miles or more from the residence of
the minor child at the time that custody was awarded, the court
may consider the relocation a substantial change in
circumstances. If the court determines that the relocation is a
substantial change in circumstances,".
14. Page 125, by inserting after line 15 the following:
"The clerk of the district court in the county in which the
order for support is filed and to whom support payments are made
pursuant to the order may require the person obligated to pay
support to submit payments by bank draft or money order if the
obligor submits an insufficient funds support payment to the
clerk of the district court."
15. Page 126, lines 31 and 32, by striking the words "access
to" and inserting the following: "contact with".
16. Page 127, by striking lines 2 through 11.
17. By striking page 128, line 22, through page 129, line 11.
18. Page 129, by striking lines 14 through 17 and inserting the
following:
"5. Joint physical care may be in the best interest of the
child, but joint legal custody does not require joint physical
care. When the court determines such action would be in the
best interest of the child and would preserve the relationship
between each parent and the child, joint physical care may
be given awarded to".
19. Page 129, lines 29 and 30, by striking the words
"third-party child care,".
20. Page 130, line 3, by inserting after the figure "181," the
following: "187,".
21. Page 136, by striking lines 19 through 31 and inserting the
following:
"Sec. 216. Section 600B.41A, subsections 4 and 6, Code 1997,
are amended by striking the subsections and inserting in lieu
thereof the following:
4. If the court finds that the establishment of paternity is
overcome, in accordance with all of the conditions prescribed,
the court shall enter an order which provides all of the
following:
a. That the established father is relieved of any and all
future support obligations owed on behalf of the child from the
date that the order determining that the established father is
not the biological father is filed.
b. That any unpaid support due prior to the date the order
determining that the established father is not the biological
father is filed, is satisfied.
6. a. If the court determines that test results conducted in
accordance with section 600B.41 or chapter 252F exclude the
established father as the biological father, the court may
dismiss the action to overcome paternity and preserve the
paternity determination only if all of the following apply:
(1) The established father requests that paternity be preserved
and that the parent-child relationship, as defined in section
600A.2, be continued.
(2) The court finds that it is in the best interest of the
child to preserve paternity. In determining the best interest
of the child, the court shall consider all of the following:
(a) The age of the child.
(b) The length of time since the establishment of paternity.
(c) The previous relationship between the child and the
established father, including but not limited to the duration
and frequency of any time periods during which the child and
established father resided in the same household or engaged in a
parent-child relationship as defined in section 600A.2.
(d) The possibility that the child could benefit by
establishing the child's actual paternity.
(e) Additional factors which the court determines are relevant
to the individual situation.
(3) The biological father is a party to the action and does not
object to termination of the biological father's parental
rights, or the established father petitions the court for
termination of the biological father's parental rights and the
court grants the petition pursuant to chapter 600A.
b. If the court dismisses the action to overcome paternity and
preserves the paternity determination under this subsection, the
court shall enter an order establishing that the parent-child
relationship exists between the established father and the
child, and including establishment of a support obligation
pursuant to section 598.21 and provision of custody and
visitation pursuant to section 598.41.
Sec. 216A. Section 600B.41A, Code 1997, is amended by adding
the following new subsection:
NEW SUBSECTION. 6A. a. For any order entered under this
section on or before the effective date of this subsection in
which the court's determination excludes the established father
as the biological father but dismisses the action to overcome
paternity and preserves paternity, the established father may
petition the court to issue an order which provides all of the
following:
(1) That the parental rights of the established father are
terminated.
(2) That the established father is relieved of any and all
future support obligations owed on behalf of the child from the
date the order under this subsection is filed.
b. The established father may proceed pro se under this
subsection. The supreme court shall prescribe standard forms
for use under this subsection and shall distribute the forms to
the clerks of the district court.
c. If a petition is filed pursuant to this section and notice
is served on any parent of the child not filing the petition and
any assignee of the support obligation, the court shall grant
the petition."
22. Page 136, by inserting after line 32, the following:
"Sec. 218. Sections 215, 216, and 216A of this Act, being
deemed of immediate importance, take effect upon enactment."
23. Page 138, by striking lines 34 and 35 and inserting the
following: "state shall be filed with the county as
directed by the state registrar of the county in which the
death occurs, within three days after the death".
24. Page 139, line 2, by striking the word "registrar" and
inserting the following: "county registrar".
25. Page 139, by striking lines 10 through 22 and inserting the
following:
"If the place of death is unknown, a death certificate shall
be filed in the county in which a dead body is found within
three days after the body is found.
3. The county in which a dead body is found is the county of
death. If death occurs in a moving conveyance, a death
certificate shall be filed in the county in which the dead
body is first removed from the conveyance is the county of
death.
If a person dies outside of the county of the person's
residence, the state registrar shall send a copy of the death
certificate to the county registrar of the county of the
decedent's residence. The county registrar shall record the
death certificate in the same records in which death
certificates of persons who died within the county are
recorded."
26. Page 144, by inserting after line 2 the following:
"Sec. . NEW SECTION. 595.3A APPLICATION FORM AND
LICENSE, INCLUSION OF ABUSE PREVENTION LANGUAGE.
In addition to any other information contained in an application
form for a marriage license and a marriage license, the
application form and license shall contain the following
statement in bold print:
"The laws of this state affirm your right to enter into this
marriage and at the same time to live within the marriage under
the full protection of the laws of this state with regard to
violence and abuse. Neither of you is the property of the
other. Assault, sexual abuse, and willful injury of a spouse or
other family member are violations of the laws of this state and
are punishable by the state.""
27. Page 144, by inserting after line 22 the following:
"Sec. . Section 614.1, subsection 6, Code 1997, is
amended to read as follows:
6. JUDGMENTS OF COURTS OF RECORD. Those founded on a judgment
of a court of record, whether of this or of any other of the
United States, or of the federal courts of the United States,
within twenty years, except that a time period limitation
shall not apply to an action to recover a judgment for child
support, spousal support, or a judgment of distribution of
marital assets."
28. Page 144, by inserting after line 33 the following:
"Sec. . NEW SECTION. 627.6A EXEMPTIONS FOR SUPPORT
-PENSIONS AND SIMILAR PAYMENTS.
1. Notwithstanding the provisions of section 627.6, a debtor
shall not be permitted to claim exemptions with regard to
payment or a portion of payment under a pension, annuity,
individual retirement account, profit-sharing plan, universal
life insurance policy, or similar plan or contract due to
illness, disability, death, age, or length of service for child,
spousal, or medical support.
2. In addition to subsection 1, if another provision of law
otherwise provides that payments, income, or property are
subject to attachment for child, spousal, or medical support,
those provisions shall supersede section 627.6."
29. By renumbering, relettering, and correcting internal
references, as necessary.
ON THE PART OF THE HOUSE: ON THE PART OF THE SENATE:
DAN BODDICKER, Chair NANCY BOETTGER, Chair
JEFFREY LAMBERTI MARY NEUHAUSER
DAVID MILLAGE DONALD B. REDFERN
NEAL SCHUERER
TOM VILSACK
Speaker Corbett in the chair at 2:28 p.m.
The motion prevailed and the conference committee report was
adopted.
Boddicker of Cedar moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 612)
The ayes were, 59:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Carroll Churchill Cormack Dinkla
Dix Dolecheck Drake Drees
Eddie Falck Fallon Garman
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Houser Huseman Jacobs
Jenkins Klemme Kremer Lamberti
Larson Lord Martin Mertz
Metcalf Meyer Millage Mundie O'Brien
Rayhons Siegrist Sukup Teig
Thomas Thomson Tyrrell Van
Fossen Van Maanen Vande Hoef Veenstra
Weidman Welter Mr. Speaker
Corbett
The nays were, 37:
Bell Bernau Brand Bukta Burnett
Cataldo Chiodo Cohoon Doderer
Dotzler Foege Ford Frevert
Holveck Huser Jochum Kinzer
Koenigs Kreiman Larkin Mascher
May Moreland Murphy Myers
Osterhaus Reynolds-Knight Richardson Scherrman
Schrader Shoultz Taylor Warnstadt
Weigel Whitead Wise Witt
Absent or not voting, 4:
Chapman Connors Nelson Rants
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 28, 1997, passed the following bill in
which the concurrence of the Senate was asked:
House File 637, a bill for an act relating to the general
operation of corporations, partnerships, and associations,
including provisions relating to certain filings made by
corporations and associations, the filing of biennial reports by
certain corporations and cooperative associations, and
establishing fees.
Also: That the Senate has on April 28, 1997, passed the
following bill in which the concurrence of the Senate was asked:
House File 661, a bill for an act relating to the adjudication
and sentencing of certain criminal offenders, by providing for
notice and hearings on reconsiderations of sentence, permitting
the presentation of oral victim impact statements at
reconsideration of sentence hearings, and eliminating certain
sexual offenders from eligibility for suspended or deferred
sentences or deferred judgments.
MARY PAT GUNDERSON, Secretary
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 612 be immediately messaged to the Senate.
SENATE AMENDMENT CONSIDERED
Jenkins of Black Hawk called up for consideration House File
724, a bill for an act relating to investments in counties and
cities by providing for the establishment of enterprise zones in
areas of counties and cities for which tax incentives and
assistance are available for eligible businesses locating or
located in the enterprise zone, amended by the Senate amendment
H-1945 as follows:
H-1945
1 Amend House File 724, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, line 13, by striking the word "twenty-
4 five" and inserting the following: "twenty-four".
5 2. Page 1, line 14, by inserting after the word
6 "more" the following: ", as shown by the 1990
7 certified federal census,".
8 3. Page 1, line 18, by inserting after the word
9 "census" the following: "or designating other
10 geographic units approved by the department of
11 economic development".
12 4. Page 1, line 19, by striking the words "is a
13 designated urban" and inserting the following: "meets
14 the requirements for eligibility for an urban or
15 rural".
16 5. Page 1, lines 22 and 23, by striking the words
17 "within a designated urban" and inserting the
18 following: "meeting the requirements for eligibility
19 for an urban or rural".
20 6. Page 1, line 26, by striking the word "twenty-
21 five" and inserting the following: "twenty-four".
22 7. Page 1, line 26, by inserting after the word
23 "more" the following: ", as shown by the 1990
24 certified federal census,".
25 8. Page 1, line 27, by inserting after the word
26 "tracts" the following: "or approved geographic
27 units".
28 9. Page 1, line 28, by inserting after the word
29 "tracts" the following: "or approved geographic
30 units".
31 10. Page 1, line 31, by striking the word
32 "twenty-five" and inserting the following: "twenty-
33 four".
34 11. Page 1, line 31, by inserting after the word
35 "more" the following: ", as shown by the 1990
36 certified federal census,".
37 12. Page 2, line 33, by striking the word "one-
38 time".
39 13. Page 2, line 34, by striking the word "is"
40 and inserting the following: "will be".
41 14. Page 3, line 5, by inserting after the word
42 "from" the following: "two hundred fifty thousand
43 dollars of".
44 15. Page 3, line 6, by inserting after the word
45 "paragraph" the following: "of up to two hundred
46 fifty thousand dollars of the fair market value, as
47 established by an appraisal, of the building and
48 land".
49 16. Page 3, by inserting after line 23 the
50 following:
Page 2
1 "3. If a business has received incentives or
2 assistance under section 15E.186 and fails to maintain
3 the requirements of subsection 1 to be an eligible
4 business, the business is subject to repayment of all
5 or a portion of the incentives and assistance that it
6 has received. The city or county, as applicable,
7 shall have the authority to take action to recover the
8 value of taxes not collected as a result of the
9 exemption provided by the community to the business.
10 The department of revenue and finance shall have the
11 authority to recover the value of state taxes or
12 incentives provided under section 15E.186. The value
13 of state incentives provided under section 15E.186
14 includes applicable interest and penalties. The
15 department of economic development and the city and
16 county, as applicable, shall enter into agreement with
17 the business specifying the method for determining the
18 amount of incentives or assistance paid which will be
19 repaid in the event of failure to maintain the
20 requirements of subsection 1. In addition, a business
21 that fails to maintain the requirements of subsection
22 1 shall not receive incentives or assistance for each
23 year during which the business is not in compliance."
24 17. Page 4, by inserting after line 15 the
25 following:
26 "e. The area is a blighted area, as defined in
27 section 403.17."
28 18. Page 4, line 34, by striking the words "a
29 designated urban" and inserting the following: "an
30 area meeting the requirements for eligibility for an
31 urban or rural".
32 19. Page 5, line 9, by inserting after the word
33 "requirements" the following: ", including
34 requirements related to compensation and benefits,".
35 20. Page 7, line 11, by inserting after the words
36 "of the" the following: "value added to the".
37 21. Page 7, line 13, by inserting after the word
38 "business." the following: "The amount of value added
39 for purposes of this subsection shall be the amount of
40 the increase in assessed valuation of the property
41 following the location or expansion of the business in
42 the enterprise zone."
43 22. Page 7, by inserting after line 17 the
44 following:
45 "Sec. ___. 1997 Iowa Acts, House File 655, section
46 1, subsection 2, paragraph a, unnumbered paragraph 1,
47 is amended to read as follows:
48 For salaries, support, maintenance, miscellaneous
49 purposes, for not more than the following full-time
50 equivalent positions, for allocating $495,000 to
Page 3
1 support activities in conjunction with the Iowa
2 manufacturing technology center, $150,000 to the
3 graphic arts center, and $100,000 to the university of
4 northern Iowa for operation of industrial technology
5 programs at the ag based industrial lubrication
6 center:
7 $ 3,916,397
8
3,996,897
9 FTEs 17.76
10
19.26"
11 23. Title page, line 5, by inserting after the
12 word "zone" the following: "and increasing an
13 appropriation".
14 24. By renumbering, relettering, or redesignating
15 and correcting internal references as necessary.
Weigel of Chickasaw asked and received unanimous consent that
amendments H-1947 and H-1948, to the Senate amendment H-1945, be
deferred.
Weigel of Chickasaw offered the following amendment H-1953, to
the Senate amendment H-1945, filed by him from the floor and
moved its adoption:
H-1953
1 Amend the Senate amendment, H-1945, to House File
2 724, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, by striking lines 3 and 4 and
5 inserting the following:
6 " . Page 1, line 13, by striking the words
7 "twenty-five thousand" and inserting the following:
8 "one hundred"."
9 2. Page 1, by striking lines 20 and 21 and
10 inserting the following:
11 " . Page 1, line 26, by striking the words,
12 twenty-five thousand" and inserting the following:
13 "one hundred"."
14 3. Page 1, by striking lines 31 through 33 and
15 inserting the following:
16 " . Page 1, line 31, by striking the words
17 "twenty-five thousand" and inserting the following:
18 "one hundred"."
Roll call was requested by Weigel of Chickasaw and Schrader of
Marion.
On the question "Shall amendment H-1953, to the Senate amendment
H-1945, be adopted?" (H.F. 724)
The ayes were, 31:
Bell Bernau Bradley Brand
Bukta Burnett Cataldo Chiodo
Drees Falck Foege Frevert
Garman Huser Kinzer Kreiman Larkin
Mascher May Moreland Mundie Myers
Osterhaus Reynolds-Knight Richardson
Scherrman Schrader Thomas Weigel
Whitead Wise
The nays were, 62:
Arnold Barry Boddicker Boggess Brauns
Brunkhorst Carroll Churchill Cohoon
Cormack Dinkla Dix
Doderer Dolecheck Dotzler Drake
Eddie Fallon Ford Gipp
Greig Greiner Gries Hahn
Hansen Heaton Holmes Holveck
Houser Huseman Jacobs Jenkins
Jochum Klemme Koenigs Kremer
Lamberti Larson Lord Martin Mertz
Metcalf Meyer O'Brien Rants
Rayhons Shoultz Siegrist Sukup
Taylor Teig Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Warnstadt Weidman Welter Witt
Mr. Speaker
Corbett
Absent or not voting, 7:
Blodgett Chapman Connors Grundberg
Millage Murphy Nelson
Amendment H-1953 lost.
Jenkins of Black Hawk offered the following amendment H-1952, to
the Senate amendment H-1945, filed by him from the floor and
moved its adoption:
H-1952
1 Amend the Senate amendment, H-1945, to House File
2 724, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, by striking lines 41 through 43.
Amendment H-1952, to the Senate amendment H-1945, was adopted.
Weigel of Chickasaw offered the following amendment H-1954, to
the Senate amendment H-1945, filed by him from the floor and
moved its adoption:
H-1954
1 Amend the Senate amendment, H-1945, to House File
2 724, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 2, by inserting after line 23 the
5 following:
6 " . Page 4, by inserting after line 3 the
7 following:
8 "e. The county is a state or federally designated
9 primary health care provider shortage area.""
Amendment H-1954 lost.
Jenkins of Black Hawk offered the following amendment H-1949, to
the Senate amendment H-1945, filed by him from the floor and
moved its adoption:
H-1949
1 Amend the Senate amendment, H-1945, to House File
2 724, as amended, passed, and reprinted by the House,
3 as follows:
4 1. By striking page 2, line 43, through page 3,
5 line 13.
Amendment H-1949, to the Senate amendment H-1945, was adopted.
Weigel of Chickasaw offered the following amendment H-1947,
previously deferred, to the Senate amendment H-1945 filed by him
from the floor and moved its adoption:
H-1947
1 Amend the Senate amendment, H-1945, to House File
2 724, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, line 4, by striking the word "twenty-
5 four" and inserting the following: "one".
6 2. Page 1, line 21, by striking the word "twenty-
7 four" and inserting the following: "one".
8 3. Page 1, lines 32 and 33, by striking the word
9 "twenty-four" and inserting the following: "one".
Amendment H-1947 lost.
Weigel of Chickasaw asked and received unanimous consent to
withdraw amendment H-1948, previously deferred, to the Senate
amendment H-1945, filed by him from the floor.
On motion by Jenkins of Black Hawk, the House concurred in the
Senate amendment H-1945, as amended.
Jenkins of Black Hawk moved that the bill, as amended by the
Senate, further amended and concurred in by the House, be read a
last time now and placed upon its passage which motion prevailed
and the bill was read a last time.
On the question "Shall the bill pass?" (H.F. 724)
The ayes were, 80:
Arnold Barry Bell Blodgett
Boddicker Boggess Bradley Brauns
Brunkhorst Bukta Carroll Cataldo
Chiodo Churchill Cohoon Cormack
Dinkla Dix Dolecheck Dotzler
Drake Drees Eddie Ford
Frevert Gipp Greig Greiner
Gries Grundberg Hahn Hansen
Heaton Holmes Holveck Houser
Huseman Jacobs Jenkins Jochum
Kinzer Klemme Koenigs Kreiman Kremer
Lamberti Larkin Larson Lord
Martin May Mertz Metcalf
Meyer Millage Moreland Mundie
Murphy O'Brien Osterhaus Rants
Rayhons Scherrman Shoultz Siegrist
Sukup Teig Thomas Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Warnstadt Weidman Welter
Whitead Witt Mr. Speaker
Corbett
The nays were, 18:
Bernau Brand Burnett Chapman
Doderer Falck Fallon Foege Garman
Huser Mascher Myers
Reynolds-Knight Richardson Schrader Taylor
Weigel Wise
Absent or not voting, 2:
Connors Nelson
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 724 be immediately messaged to the Senate.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 28, 1997, passed the following bill in
which the concurrence of the Senate was asked:
House File 114, a bill for an act to legalize certain city and
county deeds and conveyances.
Also: That the Senate has on April 28, 1997, adopted the
conference committee report and passed House File 612, a bill
for an act relating to child support recovery, providing
penalties, and providing effective dates.
Also: That the Senate has on April 28, 1997, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 636, a bill for an act relating to the office of
secretary of state and the conduct of elections and voter
registration in the state and relating to corrective and
technical changes to Iowa's election laws, and providing an
effective date.
Also: That the Senate has on April 28, 1997, passed the
following bill in which the concurrence of the Senate was asked:
House File 666, a bill for an act to increase the penalties for
the manufacture, delivery, or possession with intent to
manufacture or deliver amphetamine or any substance containing
amphetamine.
Also: That the Senate has on April 28, 1997, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 526, a bill for an act providing for the
establishment of a healthy opportunities for parents to
experience success-healthy families Iowa program by the Iowa
department of public health.
MARY PAT GUNDERSON, Secretary
SENATE AMENDMENT CONSIDERED
Jacobs of Polk called up for consideration House File 540, a
bill for an act relating to personnel procedures and investment
policy requirements for state government employees, amended by
the Senate, and moved that the House concur in the following
Senate amendment H-1950:
H-1950
1 Amend House File 540, as passed by the House, as
2 follows:
3 1. Page 2, by inserting after line 17 the
4 following:
5 "Sec. ___. NEW SECTION. 19A.12B DEFERRED
6 COMPENSATION PLAN.
7 The department shall make available to eligible
8 state employees by September 1, 1997 the option of
9 utilizing mutual funds as an investment alternative to
10 the state's deferred compensation plan established
11 under section 509A.12. Participating employees shall,
12 to the extent permitted by law, be allowed to transfer
13 moneys deferred under the plan to a mutual fund
14 offered pursuant to section 509A.12."
15 2. By striking page 2, line 18, through page 3,
16 line 29.
17 3. By striking page 4, line 35 through page 5,
18 line 1 and inserting the following: "deferred
19 compensation program. A governing body, county
board
20 of supervisors or other public entity, to the extent
21 allowed by law, may establish a deferred
22 compensation".
23 4. By renumbering, relettering, or redesignating
24 and correcting internal references as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-1950.
Jacobs of Polk moved that the bill, as amended by the Senate and
concurred in by the House, be read a last time now and placed
upon its passage which motion prevailed and the bill was read a
last time.
On the question "Shall the bill pass?" (H.F. 540)
The ayes were, 98:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Cormack
Dinkla Dix Doderer Dolecheck
Dotzler Drake Drees Eddie
Falck Fallon Foege Ford
Frevert Garman Gipp Greig
Greiner Gries Grundberg Hahn
Hansen Heaton Holmes Holveck
Houser Huseman Huser Jacobs
Jenkins Jochum Kinzer Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Martin
Mascher May Mertz Metcalf
Meyer Millage Moreland Mundie
Murphy Myers O'Brien Osterhaus
Rants Rayhons Reynolds-Knight Richardson
Scherrman Schrader Shoultz Siegrist
Sukup Taylor Teig Thomas
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Whitead Wise
Witt Mr. Speaker
Corbett
The nays were, none.
Absent or not voting, 2;
Connors Nelson
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 540 be immediately messaged to the Senate.
RULES SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
to suspend the rules for the immediate consideration of Senate
File 410.
Ways and Means Calendar
Senate File 410, a bill for an act relating to the Iowa higher
education loan authority by eliminating the limit on the amount
of its obligations that may be outstanding for purposes of
funding capital projects and allowing the authority to issue
tuition anticipation notes and obligations to finance projects
to be leased to an institution, with report of committee
recommending passage, was taken up for consideration.
Holmes of Scott moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 410)
The ayes were, 97:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Cormack
Dinkla Dix Doderer Dolecheck
Dotzler Drake Drees Eddie
Falck Fallon Foege Ford
Frevert Garman Gipp Greig
Greiner Gries Grundberg Hahn
Hansen Heaton Holmes Holveck
Houser Huseman Huser Jacobs
Jenkins Jochum Kinzer Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Mascher May
Mertz Metcalf Meyer
Millage Moreland Mundie Murphy Myers
O'Brien Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup
Taylor Teig Thomas Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Mr. Speaker
Corbett
The nays were, none.
Absent or not voting, 3:
Connors Martin Nelson
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Carroll of Poweshiek in the chair at 3:55 p.m.
Appropriations Calendar
Senate File 542, a bill for an act relating to and making
supplemental appropriations for the fiscal year beginning July
1, 1996, and providing an effective date, with report of
committee recommending amendment and passage, was taken up for
consideration.
Jacobs of Polk offered amendment H-1893 filed by the committee
on appropriations as follows:
H-1893
1 Amend Senate File 542, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by striking lines 2 through 20.
4 2. Page 2, line 9, by striking the figure
5 "2,500,000" and inserting the following: "3,000,000".
6 3. Page 2, line 22, by striking the figure
7 "2,500,000" and inserting the following: "2,000,000".
8 4. Page 7, line 2, by striking the figure
9 "300,000" and inserting the following: "250,000".
10 5. Page 7, by striking lines 11 through 14.
11 6. Page 7, line 21, by striking the figure
12 "300,000" and inserting the following: "240,000".
13 7. Page 7, by inserting after line 21 the
14 following:
15 "___. To the department of human services to be
16 used for a telemedicine pilot project:
17 $ 60,000"
18 8. Page 7, by striking lines 22 through 30.
19 9. Page 8, by inserting after line 2 the
20 following:
21 " . To the department of natural resources for
22 allocation to the United States department of
23 agriculture, animal and plant health inspection
24 service, to be used for animal damage control in this
25 state:
26 $ 50,000"
27 10. Page 8, by striking lines 8 through 21.
28 11. By renumbering as necessary.
Jacobs of Polk offered the following amendment H-1936, to the
committee amendment H-1893, filed by Jacobs, et al., and moved
its adoption:
H-1936
1 Amend the amendment, H-1893, to Senate File 542, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 5, by striking the figure
5 "3,000,000" and inserting the following: "2,000,000".
6 2. Page 1, line 7, by striking the figure
7 "2,000,000" and inserting the following: "3,000,000".
8 3. Page 1, by striking lines 8 and 9.
9 4. Page 1, by inserting after line 17 the
10 following:
11 "___. To the department of human services to be
12 used for implementation of child support enforcement
13 changes necessitated by federal welfare reform
14 legislation, provided that none of the moneys shall be
15 used to fill new full-time equivalent positions:
16 $ 300,000
17 5. By renumbering as necessary.
Amendment H-1936, to the committee amendment H-1893, was
adopted, placing amendment H-1943, filed from the floor, out of
order.
Brunkhorst of Bremer offered amendment H-1937, to the committee
amendment H-1893, filed by him as follows:
H-1937
1 Amend the amendment, H-1893, to Senate File 542, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking lines 12 through 17 and
5 inserting the following: ""300,000" and inserting the
6 following: "200,000".
7 Notwithstanding section 144C.8, subsection 1, the
8 implementation of phase I of the system may be delayed
9 until July 1, 1998. The funds appropriated in this
10 subsection shall be distributed to the system for the
11 collection of data necessary to implement section
12 144C.8, subsection 1, and the data collected shall be
13 verified for accuracy. It is the intent of the
14 general assembly that no additional appropriation will
15 be made for purposes of the community health
16 management information system.
17 ___. To the department of human services for
18 administration of a telemedicine services pilot
19 project under the medical assistance program:
20 $ 60,000
21 The department shall utilize the moneys
22 appropriated in this subsection for administration of
23 a telemedicine pilot project and for medical
24 assistance payment for teleconsultive services to
25 eligible providers who are participating in a
26 federally funded telemedicine program. The department
27 shall evaluate the pilot project and report on savings
28 realized through the use of teleconsultive services
29 under the medical assistance program. The department
30 shall adopt emergency rules under section 17A.4,
31 subsection 2, and section 17A.5, subsection 2,
32 paragraph "b", to implement the provisions of this
33 subsection and the rules shall become effective
34 immediately upon filing unless the effective date is
35 delayed by the administrative rules review committee,
36 notwithstanding section 17A.4, subsection 5, and
37 section 17A.8, subsection 9, or a later date is
38 specified in the rules. Any rules adopted in
39 accordance with this subsection shall not take effect
40 before the rules are reviewed by the administrative
41 rules review committee. Any rules adopted in
42 accordance with this section shall also be published
43 as a notice of intended action as provided in section
44 17A.4.
45 ___. To the Iowa department of public health for
46 implementation of the provisions of 1997 Iowa Acts,
47 Senate File 128:
48 $ 40,000""
49 2. By renumbering as necessary.
Amendment H-1937, to the committee amendment H-1893, was adopted.
Brunkhorst of Bremer asked and received unanimous consent to
reconsider the vote by which amendment H-1937 was adopted.
Brunkhorst of Bremer moved the adoption of amendment H-1937, to
the committee amendment H-1893.
Amendment H-1937, to the committee amendment H-1893, was adopted.
The House resumed consideration of the committee amendment
H-1893.
Division was requested as follows:
Lines 1 through 17, and lines 19 through 28, Division A.
Line 18, Division B.
Millage of Scott moved the adoption of the committee amendment
H-1893A.
The committee amendment H-1893A, as amended, was adopted.
Millage of Scott moved the adoption of the committee amendment
H-1893B.
Roll call was requested by Murphy of Dubuque and Chapman of Linn.
On the question "Shall the committee amendment H-1893B be
adopted?" (S.F. 542)
The ayes were, 50:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Churchill Cormack Dinkla Dix
Dolecheck Drake Eddie Garman
Gipp Greig Greiner Gries
Hahn Hansen Heaton Holmes
Houser Huseman Jacobs Jenkins
Klemme Kremer Lamberti Larson
Lord Martin Metcalf Meyer
Millage Rants Rayhons Siegrist
Sukup Thomson Tyrrell Van Fossen
Van Maanen Vande Hoef Veenstra Weidman
Welter Carroll,
Presiding
The nays were, 45:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo Cohoon
Doderer Dotzler Falck
Fallon Foege Ford Frevert
Grundberg Holveck Huser Jochum
Kinzer Koenigs Kreiman Larkin
Mascher May Mertz Moreland
Mundie Murphy Myers O'Brien
Osterhaus Reynolds-Knight Richardson Scherrman
Schrader Shoultz Taylor Thomas
Warnstadt Weigel Whitead Wise
Witt
Absent or not voting, 5:
Connors Corbett, Spkr. Drees Nelson
Teig
The committee amendment H-1893B was adopted.
Murphy of Dubuque offered the following amendment H-1944 filed
by him from the floor and moved its adoption:
H-1944
1 Amend Senate File 542, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking page 1, line 30, through page 3,
4 line 23.
5 2. By renumbering as necessary.
Amendment H-1944 lost.
Brunkhorst of Bremer offered amendment H-1930 filed by him as
follows:
H-1930
1 Amend Senate File 542, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 8, by inserting after line 7 the
4 following:
5 "DIVISION III
6 CLEAN FUND REPEAL - LOTTERY TRANSFER
7 Sec. ___. EXCESS LOTTERY REVENUES - FY 1994-1995.
8 The lottery revenues received during the fiscal year
9 beginning July 1, 1994, which remain in the lottery
10 fund following transfers made pursuant to 1995 Iowa
11 Acts, chapter 220, section 16, and 1996 Iowa Acts,
12 chapter 1219, section 14, and following the amounts
13 appropriated and enacted in this division of this Act
14 or in any other Act of the Seventy-seventh General
15 Assembly, 1997 Session, shall be transferred and
16 credited to the general fund of the state."
17 2. By renumbering as necessary.
Brunkhorst of Bremer offered the following amendment H-1941, to
amendment H-1930, filed by him from the floor and moved its
adoption:
H-1941
1 Amend the amendment, H-1930, to Senate File 542, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking lines 5 and 6.
5 2. Page 1, line 7, by striking the word "Sec.
6 ___." and inserting the following: ""Sec. ___."
Amendment H-1941 was adopted.
Brunkhorst of Bremer moved the adoption of amendment H-1930, as
amended.
Amendment H-1930, as amended, was adopted.
Millage of Scott moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 542)
The ayes were, 91:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Cataldo Chapman Chiodo
Churchill Cohoon Corbett, Spkr. Dinkla
Dix Doderer Dolecheck Dotzler
Drake Drees Eddie Falck
Foege Ford Frevert Garman
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Holveck Houser Huseman
Huser Jacobs Jenkins Jochum
Kinzer Klemme Koenigs Kremer
Lamberti Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Meyer Millage Moreland
Mundie Murphy Myers Osterhaus
Rants Rayhons Scherrman Schrader
Shoultz Siegrist Sukup Taylor Teig
Thomas Thomson Tyrrell Van
Fossen Van Maanen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Whitead Witt Carroll,
Presiding
The nays were, 7:
Cormack Fallon Kreiman O'Brien
Reynolds-Knight Richardson Wise
Absent or not voting, 2:
Connors Nelson
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 410 be immediately messaged to the Senate.
SENATE AMENDMENT CONSIDERED
Jacobs of Polk called up for consideration House File 636, a
bill for an act relating to the office of secretary of state and
the conduct of elections and voter registration in the state and
relating to corrective and technical changes to Iowa's election
laws, and providing an effective date, amended by the Senate,
and moved that the House concur in the following Senate
amendment H-1955:
H-1955
1 Amend House File 636, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 28, by inserting after line 22 the
4 following:
5 "Sec. ___. Section 49.104, Code 1997, is amended
6 by adding the following new subsection:
7 NEW SUBSECTION. 7. Any person authorized by the
8 commissioner, in consultation with the secretary of
9 state, for the purposes of conducting and attending
10 educational voting programs for youth."
11 2. Page 34, by inserting before line 15 the
12 following:
13 "No absentee ballot application shall be
14 preaddressed or printed with instructions to send the
15 ballot to anyone other than the voter."
16 3. Page 34, by inserting before line 15 the
17 following:
18 "Sec. ___. NEW SECTION. 53.9 PROHIBITED PERSONS.
19 No person required to file reports under chapter
20 56, and no person acting as an actual or implied agent
21 for a person required to file reports under chapter
22 56, shall receive absentee ballots on behalf of
23 voters. This prohibition does not apply to section
24 53.17."
25 4. Page 36, line 2, by inserting after the word
26 "observers" the following: ", one".
27 5. Page 36, line 9, by striking the words "and
28 seal the envelope".
29 6. By renumbering, relettering, or redesignating
30 and correcting internal references as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-1955.
Jacobs of Polk moved that the bill, as amended by the Senate and
concurred in by the House, be read a last time now and placed
upon its passage which motion prevailed and the bill was read a
last time.
On the question "Shall the bill pass?" (H.F. 636)
The ayes were, 96:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Cataldo Chapman Chiodo
Churchill Cohoon Corbett, Spkr.
Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege
Ford Frevert Garman Gipp
Greig Greiner Gries Grundberg
Hahn Hansen Heaton Holmes
Holveck Huseman Huser Jacobs
Jenkins Jochum Kinzer Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Martin
Mascher May Mertz Metcalf
Meyer Millage Moreland Mundie
Murphy Myers O'Brien Osterhaus
Rants Rayhons Reynolds-Knight Richardson
Scherrman Schrader Shoultz Siegrist Sukup
Taylor Teig Thomas Thomson
Tyrrell Van Maanen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Carroll,
Presiding
The nays were, none.
Absent or not voting, 4:
Connors Houser Nelson Van Fossen
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 636 be immediately messaged to the Senate.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 28, 1997, amended and passed the
following bill in which the concurrence of the House is asked:
House File 266, a bill for an act relating to the administration
of state individual income, corporate, motor fuel, and other
taxes; property taxes, property tax credits and replacement
claims; sales, services, and use taxes; tax refund setoffs; and
other duties of the department and director of revenue and
finance; providing a penalty; and providing a retroactive
applicability date provision.
Also: That the Senate has on April 28, 1997, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 722, a bill for an act relating to establishing a
capital investment board, tax credits, termination of the Iowa
seed capital corporation, establishing a capital transition
board, and providing an effective date.
MARY PAT GUNDERSON, Secretary
On motion by Siegrist of Pottawattamie, the House was recessed
at 5:48 p.m., until 6:45 p.m.
EVENING SESSION
The House reconvened at 7:20 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-one members present,
thirty-nine absent.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 28, 1997, adopted the following
resolution in which the concurrence of the Senate was asked:
House Concurrent Resolution 21, a concurrent resolution
establishing a special commission to study and make
recommendations concerning urban planning, growth management of
cities, and protection of farmland.
Also: That the Senate has on April 28, 1997, amended and adopted
the following resolution in which the concurrence of the House
is asked:
House Concurrent Resolution 22, a concurrent resolution
requesting the Legislative Council to establish a task force to
study Iowa's system of state and local taxation and requiring
reporting by certain dates.
Also: That the Senate has on April 28, 1997, passed the
following bill in which the concurrence of the Senate was asked:
House File 226, a bill for an act relating to computation of
time by which criminal sentences may be reduced for good
behavior and providing for limited retroactive applicability.
Also: That the Senate has on April 28, 1997, passed the
following bill in which the concurrence of the Senate was asked:
House File 371, a bill for an act relating to the issuing of
temporary orders for support, custody, or visitation of a child
born outside of marriage.
Also: That the Senate has on April 28, 1997, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 642, a bill for an act relating to limited
partnerships and the rights and duties of limited partners,
partnership agreements, duties of the secretary of state with
respect to limited partnerships, and other related matters
affecting foreign and domestic limited partnerships, and
establishing fees and penalties.
Also: That the Senate has on April 28, 1997, concurred in the
House amendment to the Senate amendment, and passed the
following bill in which the concurrence of the Senate was asked:
House File 662, a bill for an act relating to the defense of
criminal charges, by making changes in the penalties applicable
to certain offenses for which appointment of counsel is
required, providing county attorneys or their designees with
access to the centralized employee registry for purposes of
collection of restitution, making changes relating to the
determination of a person's indigency, prohibiting the
submission of false information on an affidavit of financial
status, requiring the state to enforce liens for restitution in
criminal cases, and providing penalties.
Also: That the Senate has on April 28, 1997, concurred in the
House amendment to the Senate amendment, and passed the
following bill in which the concurrence of the Senate was asked:
House File 724, a bill for an act relating to investments in
counties and cities by providing for the establishment of
enterprise zones in areas of counties and cities for which tax
incentives and assistance are available for eligible businesses
locating or located in the enterprise zone.
Also: That the Senate has on April 28, 1997, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 83, a bill for an act relating to property taxation
of property given to the state or a political subdivision upon
which a life estate is retained.
Also: That the Senate has on April 28, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 555, a bill for an act relating to the control of
pseudorabies, making corresponding changes, making penalties
applicable, and providing for an effective date.
MARY PAT GUNDERSON, Secretary
SENATE AMENDMENT CONSIDERED
Jacobs of Polk called up for consideration House File 730, a
bill for an act relating to state government technology and
operations, by making and relating to appropriations to the Iowa
communications network for the connection and support of certain
Part III users, making appropriations to various entities for
other technology-related purposes, providing for the procurement
of information technology, and providing effective dates,
amended by the Senate amendment H-1946 as follows:
H-1946
1 Amend House File 730, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, by inserting after line 30 the
4 following:
5 " FTEs 83.00
6 ___. There is appropriated from the rebuild Iowa
7 infrastructure fund created in section 8.57,
8 subsection 5, to the Iowa communications network fund
9 under the control of the Iowa telecommunications and
10 technology commission for the fiscal year beginning
11 July 1, 1998, and ending June 30, 1999, the following
12 amount, or so much thereof as is necessary, to be used
13 for the purpose designated:
14 For the connection of Part III authorized users as
15 determined by the commission and communicated to the
16 general assembly:
17 $ 17,704,000"
18 2. Page 3, by striking lines 5 and 6 and
19 inserting the following: "appropriated from the
20 general fund of the state to the department of
21 education for the".
22 3. Page 3, line 10, by striking the word "For"
23 and inserting the following: "a. For".
24 4. Page 3, by striking lines 11 and 12 and
25 inserting the following: "as provided in this
26 subsection, and consistent with chapter 8D, excluding
27 the purposes provided for in paragraph "b"".
28 5. Page 3, line 13, by striking the figure
29 "3,010,000" and inserting the following: "2,510,000".
30 6. Page 3, by striking line 14 and inserting the
31 following:
32 "The department of education shall establish by
33 rule a procedure for the commission to be reimbursed
34 for that portion of the cost of providing interactive
35 video service to nonpublic and public schools for
36 grades kindergarten through twelve and community
37 colleges which is not included in the rates charged to
38 such users for such service. The Iowa
39 telecommunications and technology commission may
40 submit recommendations concerning the procedure to the
41 department.
42 Notwithstanding section 8.33 or 8.39, any balance
43 remaining from the appropriation in this paragraph
44 shall not revert to the general fund of the state but
45 shall be available for expenditure during the
46 subsequent fiscal year for the same purpose, and shall
47 not be transferred to any other program. The
48 department shall not be liable for reimbursing any
49 amounts which are in excess of the appropriation made
50 in this subsection.
Page 2
1 b. For expansion of the Iowa communications
2 network backbone and for the replacement of obsolete
3 equipment:
4 $ 500,000"
5 7. Page 6, by inserting after line 12 the
6 following:
7 " . Notwithstanding section 8.57, subsection 5,
8 paragraph "c", there is appropriated from the rebuild
9 Iowa infrastructure fund created in section 8.57,
10 subsection 5, to the department of general services
11 for the fiscal year beginning July 1, 1998, and ending
12 June 30, 1999, the following amount, or so much
13 thereof as is necessary, to be used for the purpose
14 designated:
15 For purposes of implementing reengineering projects
16 with an emphasis on technology:
17 $ 1,000,000
18 The projects identified for funding from the
19 appropriation in this subsection shall be undertaken
20 in consultation with the department of management."
21 8. Page 12, by inserting after line 15 the
22 following:
23 "Sec. ___. Section 29C.20, subsection 1, Code
24 1997, is amended to read as follows:
25 1. A contingent fund is created in the state
26 treasury for the use of the executive council which
27 may be expended for the purpose of paying the expenses
28 of suppressing an insurrection or riot, actual or
29 threatened, when state aid has been rendered by order
30 of the governor, and for repairing, rebuilding, or
31 restoring state property injured, destroyed, or lost
32 by fire, storm, theft, or unavoidable cause, and for
33 repairing, rebuilding, or restoring state property
34 which is fiberoptic cable and which is injured or
35 destroyed by a wild animal, and for aid to any
36 governmental subdivision in an area declared by the
37 governor to be a disaster area due to natural
38 disasters or to expenditures necessitated by the
39 governmental subdivision toward averting or lessening
40 the impact of the potential disaster, where the effect
41 of the disaster or action on the governmental
42 subdivision is the immediate financial inability to
43 meet the continuing requirements of local government.
44 Upon application by a governmental subdivision in such
45 an area, accompanied by a showing of obligations and
46 expenditures necessitated by an actual or potential
47 disaster in a form and with further information the
48 executive council requires, the aid may be made in the
49 discretion of the executive council and, if made,
50 shall be in the nature of a loan up to a limit of
Page 3
1 seventy-five percent of the showing of obligations and
2 expenditures. The loan, without interest, shall be
3 repaid by the maximum annual emergency levy authorized
4 by section 24.6, or by the appropriate levy authorized
5 for a governmental subdivision not covered by section
6 24.6. The aggregate total of loans shall not exceed
7 one million dollars during a fiscal year. A loan
8 shall not be for an obligation or expenditure
9 occurring more than two years previous to the
10 application.
11 When a state department or agency requests that
12 moneys from the contingent fund be expended to repair,
13 rebuild, or restore state property injured, destroyed,
14 or lost by fire, storm, theft, or unavoidable cause,
15 or to repair, rebuild, or restore state property which
16 is fiberoptic cable and which is injured or destroyed
17 by a wild animal, the executive council shall consider
18 the original source of the funds for acquisition of
19 the property before authorizing the expenditure. If
20 the original source was other than the general fund of
21 the state, the department or agency shall be directed
22 to utilize moneys from the original source if
23 possible. The executive council shall not authorize
24 the repairing, rebuilding, or restoring of the
25 property from the disaster aid contingent fund if it
26 determines that moneys from the original source are
27 available to finance the project."
28 9. By renumbering, relettering, or redesignating
29 and correcting internal references as necessary.
Warnstadt of Woodbury offered the following amendment H-1960, to
the Senate amendment H-1946, filed by him from the floor and
moved its adoption:
H-1960
1 Amend the Senate amendment, H-1946, to House File
2 730, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 2, by striking lines 5 through 20.
5 2. By renumbering as necessary.
Amendment H-1960 lost.
On motion by Jacobs of Polk, the House concurred in the Senate
amendment H-1946.
Jacobs of Polk moved that the bill, as amended by the Senate and
concurred in by the House, be read a last time now and placed
upon its passage which motion prevailed and the bill was read a
last time.
On the question "Shall the bill pass?" (H.F. 730)
The ayes were, 56:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Bukta
Carroll Cataldo Churchill Corbett,
Spkr. Cormack Dinkla Dix Dolecheck
Drake Eddie Falck Garman
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton Holmes
Houser Huseman Jacobs Jenkins
Klemme Kremer Lamberti Larson
Lord Martin Mertz Metcalf
Meyer Millage Rants Rayhons
Siegrist Sukup Teig Thomas
Thomson Tyrrell Vande Hoef Veenstra
Weidman Welter Van Maanen,
Presiding
The nays were, 41:
Bell Bernau Brand Brunkhorst
Burnett Chapman Cohoon Doderer
Dotzler Drees Fallon Foege
Ford Frevert Holveck Huser
Jochum Kinzer Koenigs Kreiman
Larkin Mascher May Moreland
Mundie Murphy Myers O'Brien
Osterhaus Reynolds-Knight Richardson Scherrman
Schrader Shoultz Taylor Van
Fossen Warnstadt Weigel Whitead Wise
Witt
Absent or not voting, 3:
Chiodo Connors Nelson
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 730 be immediately messaged to the Senate.
Teig of Hamilton called up for consideration House File 722, a
bill for an act relating to establishing a capital investment
board, tax credits, termination of the Iowa seed capital
corporation, establishing a capital transition board, and
providing an effective date, amended by the Senate amendment
H-1958 as follows:
H-1958
1 Amend House File 722, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 2, line 1, by inserting after the word
4 "funds." the following: "In selecting funds for
5 investment, the board shall seek to maximize benefits
6 which inure to seed and venture capital opportunities
7 in Iowa."
8 2. Page 3, line 11, by inserting after the word
9 "policies," the following: "and".
10 3. Page 3, line 18, by striking the words "cash
11 invested in" and inserting the following: "net losses
12 incurred by".
13 4. Page 3, line 19, by inserting after the word
14 "board." the following: "The aggregate amount of tax
15 credits issued under this section shall not exceed
16 thirty million dollars."
17 5. Page 3, line 25, by inserting after the word
18 "trust." the following: "A taxpayer shall not claim
19 tax credits under this section which exceed the total
20 amount invested by the taxpayer in the Iowa capital
21 investment board."
22 6. By renumbering, relettering, and redesignating
23 as necessary.
Weigel of Chickasaw offered the following amendment H-1963, to
the Senate amendment H-1958, filed by him from the floor and
moved its adoption:
H-1963
1 Amend the Senate amendment, H-1958, to House File
2 722, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, line 16, by striking the word "thirty"
5 and inserting the following: "ten".
Amendment H-1963 lost.
Weigel of Chickasaw offered the following amendment H-1964, to
the Senate amendment H-1958, filed by him from the floor and
moved its adoption:
H-1964
1 Amend the Senate amendment, H-1958, to House File
2 722, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, line 21, by inserting after the word
5 "board" the following: "and shall not claim tax
6 credits of more than five hundred thousand dollars
7 under this section".
Gipp of Winneshiek in the chair at 8:28 p.m.
Amendment H-1964 lost.
Richardson of Warren offered the following amendment H-1970, to
the Senate amendment H-1958, filed by him from the floor and
moved its adoption:
H-1970
1 Amend the Senate amendment, H-1958, to House File
2 722, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, lines 5 and 6, by striking the words
5 "seek to maximize benefits which" and inserting the
6 following: "only invest in funds which cause benefits
7 to".
Amendment H-1970 lost.
Fallon of Polk offered amendment H-1968, to the Senate amendment
H-1958, filed by him from the floor as follows:
H-1968
1 Amend the Senate amendment, H-1958, to House File
2 722, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, line 7, by inserting after the word
5 "Iowa." the following: "However, no such benefits
6 shall inure to opportunities involving gambling."
Teig of Hamilton rose on a point of order that amendment H-1968
was not germane.
The Speaker ruled the point well taken and amendment H-1968, to
the Senate amendment H-1958, not germane.
Fallon of Polk moved to suspend the rules to consider amendment
H-1968.
A non-record roll call was requested.
The ayes were 39, nays 52.
The motion to suspend the rules lost.
Osterhaus of Jackson offered the following amendment H-1973, to
the Senate amendment H-1958, filed by him from the floor and
moved its adoption:
H-1973
1 Amend the Senate amendment, H-1958, to House File
2 722, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, line 7, by inserting after the word
5 "Iowa." the following: "If the funds selected have
6 made no significant investments in seed and venture
7 capital opportunities in Iowa by June 30, 2000, the
8 board shall not invest in any additional funds after
9 that date and shall study other ways to utilize
10 remaining funds to encourage seed and venture capital
11 investments in Iowa and shall report its findings and
12 recommendations to the general assembly by January 15,
13 2001."
Roll call was requested by Schrader of Marion and Myers of
Johnson.
On the question "Shall amendment H-1973, to the Senate amendment
H-1958, be adopted?" (H.F. 722)
The ayes were, 46:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo
Cohoon Doderer Dotzler Drees
Falck Fallon Foege Ford Frevert
Holveck Huser Jochum Kinzer
Koenigs Kreiman Larkin Mascher
May Mertz Moreland Mundie
Murphy Myers O'Brien Osterhaus
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Taylor Thomas Warnstadt
Weigel Welter Whitead Wise
Witt
The nays were, 50:
Arnold Barry Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Churchill Corbett, Spkr. Cormack Dinkla
Dix Dolecheck Drake Eddie
Garman Greig Greiner
Gries Grundberg Hahn Hansen
Heaton Holmes Houser Huseman
Jacobs Jenkins Klemme Kremer
Lamberti Larson Lord Martin
Metcalf Meyer Millage Rants
Rayhons Siegrist Teig Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Weidman Gipp,
Presiding
Absent or not voting, 4:
Blodgett Connors Nelson Sukup
Amendment H-1973 lost.
On motion by Teig of Hamilton, the House concurred in the Senate
amendment H-1958.
Teig of Hamilton moved that the bill, as amended by the Senate
and concurred in by the House, be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 722)
The ayes were, 53:
Arnold Barry Blodgett Boggess
Bradley Brauns Brunkhorst Carroll
Churchill Corbett, Spkr. Cormack Dinkla
Dix Dolecheck Drake Eddie
Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Houser Huseman Jacobs
Jenkins Klemme Kremer Lamberti
Larson Lord Martin
May Mertz Metcalf Meyer Millage Rants
Rayhons Siegrist Sukup Teig
Thomson Tyrrell Van Fossen Van
Maanen Vande Hoef Veenstra Weidman
Welter Gipp,
Presiding
The nays were, 45:
Bell Bernau Boddicker Brand
Bukta Burnett Cataldo Chapman
Chiodo Cohoon Doderer Dotzler
Drees Falck Fallon Foege
Ford Frevert Garman Holveck
Huser Jochum Kinzer Koenigs
Kreiman Larkin Mascher Moreland
Mundie Murphy Myers O'Brien
Osterhaus Reynolds-Knight Richardson Scherrman
Schrader Shoultz Taylor Thomas
Warnstadt Weigel Whitead Wise
Witt
Absent or not voting, 2:
Connors Nelson
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 722 be immediately messaged to the Senate.
INTRODUCTION OF BILL
House File 735, by committee on ways and means, a bill for
an act relating to the establishment of an E911 surcharge,
providing for the distribution of the surcharge, and providing a
pooling mechanism for the purchase of equipment necessary for an
E911 system.
Read first time and referred to committee on commerce-regulation.
SENATE MESSAGE CONSIDERED
Senate File 555, by Iverson and Gronstal, a bill for an act
relating to the control of pseudorabies, making corresponding
changes, making penalties applicable, and providing for an
effective date.
Read first time and referred to committee on agriculture.
SENATE AMENDMENT CONSIDERED
Houser of Pottawattamie called up for consideration House File
702, a bill for an act relating to human services and facility
requirements involving the single entry point process for mental
health and developmental disabilities services, regional
planning councils, human services institution employee record
checks, decategorization of adult disability services funding,
legal settlement involving community-based providers of
treatment or services, and the operating requirements of an
intermediate care facility for persons with mental retardation,
amended by the Senate amendment H-1902 as follows:
H-1902
1 Amend House File 702, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 6, by striking lines 23 and 24 and
4 inserting the following:
5 "1. Up to three counties or combinations of
6 counties may participate in a funding decategorization
7 planning process as provided in this section. Upon
8 the request of a participating county, the department
9 of human services and the".
10 2. Page 6, line 28, by inserting before the word
11 "county" the following: "participating".
12 3. Page 10, line 4, by inserting before the word
13 "expenditure" the following: "gross expenditure
14 amount reported in the".
15 4. Page 10, by striking lines 12 through 20.
16 5. Page 10, by inserting after line 20 the
17 following:
18 "Sec. 100. Section 331.439, Code 1997, is amended
19 by adding the following new subsection:
20 NEW SUBSECTION. 8. A county's management plans
21 submitted under this section shall allow for the
22 service needs of all ages of persons for whom
23 expenditures may be made from the county's services
24 fund.
25 Sec. ___. EFFECTIVE DATE AND APPLICABILITY
26 PROVISION. Section 100 of this division of this Act,
27 being deemed of immediate importance, takes effect
28 upon enactment. The requirements of section 100 shall
29 first apply to county mental health, mental
30 retardation, and developmental disabilities services
31 plans submitted under section 331.439 applicable to
32 the fiscal year beginning July 1, 1997. If a county's
33 management plan for that fiscal year was submitted
34 prior to the effective date of section 100 and is not
35 in compliance with the provisions of section 100 of
36 this Act, the county shall submit an amendment to the
37 management plan as necessary for compliance. The
38 amendment shall be submitted within 60 days of the
39 effective date of section 100 and is subject to the
40 approval provisions of section 331.439."
41 6. Title page, line 8, by inserting after the
42 word "retardation" the following: "and including an
43 effective date and an applicability provision".
44 7. By renumbering, relettering, or redesignating
45 and correcting internal references as necessary.
Houser of Pottawattamie offered the following amendment H-1959,
to the Senate amendment H-1902, filed by him from the floor and
moved its adoption:
H-1959
1 Amend the Senate amendment, H-1902, to House File
2 702, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, by inserting after line 11 the
5 following:
6 "___. Page 9, by inserting after line 25 the
7 following:
8 "Sec. ___. 1997 Iowa Acts, House File 715, section
9 22, relating to the mental health and developmental
10 disabilities community services fund, if enacted, is
11 amended by adding the following new subsection:
12 NEW SUBSECTION. 9. The department, following
13 consultation with the Iowa state association of
14 counties, may adopt emergency rules as necessary for
15 the department to negotiate contractual agreements
16 between providers of mental health, mental
17 retardation, and developmental disabilities local
18 purchase services and the department for the benefit
19 of counties for local purchase services.""
20 2. Page 1, by striking line 15.
21 3. By renumbering as necessary.
Amendment H-1959, to the Senate amendment H-1902, was adopted.
On motion by Houser of Pottawattamie, the House concurred in the
Senate amendment H-1902, as amended.
Houser of Pottawattamie moved that the bill, as amended by the
Senate, further amended and concurred in by the House, be read a
last time now and placed upon its passage which motion prevailed
and the bill was read a last time.
On the question "Shall the bill pass?" (H.F. 702)
The ayes were, 98:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Corbett, Spkr.
Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege Ford
Frevert Garman Greig
Greiner Gries Grundberg Hahn
Hansen Heaton Holmes Holveck
Houser Huseman Huser Jacobs
Jenkins Jochum Kinzer Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Martin
Mascher May Mertz Metcalf
Meyer Millage Moreland Mundie Murphy
Myers O'Brien Osterhaus Rants
Rayhons Reynolds-Knight Richardson Scherrman
Schrader Shoultz Siegrist Sukup
Taylor Teig Thomas Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Gipp,
Presiding
The nays were, none.
Absent or not voting, 2:
Connors Nelson
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 702 be immediately messaged to the Senate.
Brauns of Muscatine called up for consideration House File 733,
a bill for an act making appropriations from the rebuild Iowa
infrastructure fund to the departments of cultural affairs,
general services, economic development, public defense, natural
resources, human services, revenue and finance, public safety,
education, transportation, workforce development, and
agriculture and land stewardship, and to the commission of
veterans affairs, Loess Hills development and conservation
authority, state fair foundation, and state board of regents,
making an appropriation of marine fuel tax receipts from the
general fund of the state, and making statutory changes relating
to the appropriations, amended by the Senate amendment H-1942 as
follows:
H-1942
1 Amend House File 733, as amended, passed, and
2 reprinted by the House, as follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "DIVISION I
6 DEPARTMENT OF CULTURAL AFFAIRS
7 Section 1. There is appropriated from the rebuild
8 Iowa infrastructure fund to the department of cultural
9 affairs for the fiscal year beginning July 1, 1997,
10 and ending June 30, 1998, the following amounts, or so
11 much thereof as is necessary, to be used for the
12 purposes designated:
13 1. For the completion of undeveloped exhibit space
14 at the new historical building:
15 $ 500,000
16 2. For allocation to an Iowa project that has
17 received a national endowment for the humanities award
18 for the museum and discovery center:
19 $ 500,000
20 3. For a feasibility study by the city of
21 Burlington regarding the construction of a replica of
22 the first territorial capitol of Iowa:
23 $ 25,000
24 Allocation of moneys pursuant to this subsection
25 shall be contingent upon a matching contribution of
26 private moneys at a rate of two dollars of private
27 moneys for each dollar of state appropriated moneys.
28 Notwithstanding section 8.33, the unencumbered or
29 unobligated moneys remaining on June 30 of the fiscal
30 year from moneys appropriated in this section may be
31 expended during the following fiscal year for the same
32 purpose.
33 DEPARTMENT OF GENERAL SERVICES
34 Sec. 2. There is appropriated from the rebuild
35 Iowa infrastructure fund to the department of general
36 services for the fiscal year beginning July 1, 1997,
37 and ending June 30, 1998, the following amounts, or so
38 much thereof as is necessary, to be used for the
39 purposes designated:
40 1. For major maintenance needs including health,
41 life, and fire safety, for compliance with the federal
42 Americans with Disabilities Act for state-owned
43 buildings and facilities:
44 $ 7,000,000
45 2. For critical and deferred maintenance at
46 Terrace Hill:
47 $ 100,000
48 As a condition of receiving this appropriation made
49 in this subsection, private matching funds must be
50 contributed on a dollar-for-dollar basis.
Page 2
1 3. For relocation of offices and other transition
2 costs associated with renovation of the Lucas state
3 office building and the old historical building:
4 $ 1,300,000
5 4. For relocating the state library:
6 $ 1,000,000
7 5. To fund the state share of the capitol gateway
8 east development project in conjunction with the city
9 of Des Moines:
10 $ 50,000
11 6. For the installation of storm drainage,
12 grading, new asphalt, new lighting, and striping of
13 capitol complex parking lots 4 and 5 in accordance
14 with capitol complex renovation plans, provided that
15 not more than $450,000 shall be used for lot 4 and not
16 more than $105,000 shall be used for lot 5, and
17 provided that existing capitol complex construction
18 plans do not conflict with the parking lot
19 improvements:
20 $ 555,000
21 7. For filling cracks, resurfacing, new
22 handicapped parking signs which comply with the
23 provisions of chapter 321L, as amended by 1997 Iowa
24 Acts, House File 688, and striping capitol complex
25 parking lots 13 and 15 in accordance with capitol
26 complex renovation plans, provided that not more than
27 $100,750 shall be used for lot 13 and not more than
28 $75,000 shall be used for lot 15, and provided that
29 existing capitol complex construction plans do not
30 conflict with the parking lot improvements:
31 $ 175,750
32 8. For the design and construction of new or
33 replacement buildings at the state training school by
34 allocating not more than $1,600,000 for design and
35 construction of a living unit, allocating not more
36 than $800,000 for design and construction of a
37 multipurpose building, and allocating not more than
38 $200,000 for the design of a new school building:
39 $ 2,600,000
40 9. For renovation of an existing cottage to
41 provide additional beds for females at the Toledo
42 juvenile home:
43 $ 350,000
44 10. For conducting a survey of the condition of
45 state-owned property:
46 $ 500,000
47 The department shall report on the progress of the
48 vertical infrastructure survey and provide an
49 accounting of how the appropriation in subsection 1
50 was spent to the joint transportation, infrastructure
Page 3
1 and capitals appropriations subcommittee not later
2 than February 1, 1998.
3 Notwithstanding section 8.33, unencumbered or
4 unobligated funds remaining on June 30, 2002, from the
5 funds appropriated in this section, shall revert to
6 the rebuild Iowa infrastructure fund on August 31,
7 2002.
8 Sec. 3. 1996 Iowa Acts, chapter 1218, section 13,
9 is amended to read as follows:
10 SEC. 13.
11 1. There is appropriated from the rebuild Iowa
12 infrastructure fund of the state to the department of
13 general services for the fiscal period beginning July
14 1, 1996, and ending June 30, 1999 1998, the
following
15 amounts, or so much thereof as is necessary, to be
16 used for the projects in the amounts and for the
17 fiscal years as designated in subsection 2:
18 a. For the fiscal year beginning July 1, 1996, and
19 ending June 30, 1997:
20 $ 20,700,000
21 b. For the fiscal year beginning July 1, 1997, and
22 ending June 30, 1998:
23 $ 14,600,000
24
14,540,000
25 c. For the fiscal year beginning July 1, 1998, and
26 ending June 30, 1999:
27 $ 3,900,000
28 2. a. For exterior state capitol building
29 restoration:
30 (1) For the fiscal year beginning July 1, 1996,
31 and ending June 30, 1997:
32 $ 9,300,000
33 (2) For the fiscal year beginning July 1, 1997,
34 and ending June 30, 1998:
35 $ 7,600,000
36
4,400,000
37 b. For interior state capitol building
38 restoration:
39 (1) For the fiscal year beginning July 1, 1996,
40 and ending June 30, 1997:
41 $ 2,800,000
42 (2) For the fiscal year beginning July 1, 1998
43 1997, and ending June 30, 1999 1998:
44 $ 2,300,000
45
3,140,000
46 c. For renovation of the old historical building:
47 (1) For the fiscal year beginning July 1, 1996,
48 and ending June 30, 1997:
49 $ 5,400,000
50 (2) For the fiscal year beginning July 1, 1997,
Page 4
1 and ending June 30, 1998, provided that not more than
2 $1,800,000 may be allocated for construction of a
3 tunnel between the old historical building and the
4 capitol and provided that the remaining $2,300,000
5 shall only be obligated or expended on or after July
6 1, 1998:
7 $ 4,100,000
8 d. For renovation of the Lucas tunnel, provided
9 that existing capitol complex construction plans do
10 not conflict with the renovation:
11 (1) For the fiscal year beginning July 1, 1996,
12 and ending June 30, 1997:
13 $ 100,000
14 (2) For the fiscal year beginning July 1, 1997,
15 and ending June 30, 1998:
16 $ 400,000
17 e. For renovation of the Lucas state office
18 building:
19 (1) For the fiscal year beginning July 1, 1996,
20 and ending June 30, 1997:
21 $ 3,100,000
22 (2) For the fiscal year beginning July 1, 1997,
23 and ending June 30, 1998:
24 $ 2,500,000
25 Notwithstanding section 8.33, unencumbered or
26 unobligated funds remaining on June 30, 2001 2002,
27 from the funds appropriated in this section shall
28 revert to the rebuild Iowa infrastructure fund of the
29 state on August 31, 2001 2002.
30 Sec. 4. There is appropriated from the rebuild
31 Iowa infrastructure fund to the department of general
32 services for the fiscal year beginning July 1, 1998,
33 and ending June 30, 1999, the following amounts, or so
34 much thereof as is necessary, to be used for the
35 purposes designated:
36 1. For exterior state capitol building
37 restoration:
38 $ 4,400,000
39 2. For interior state capitol building
40 restoration:
41 $ 4,200,000
42 3. For conducting a survey of the condition of
43 state-owned property:
44 $ 500,000
45 4. For the design and construction of new or
46 replacement buildings at the state training school by
47 allocating not more than $2,300,000 to complete
48 construction of the new school building and allocating
49 not more than $400,000 for the design of the new
50 gymnasium building:
Page 5
1 $ 2,700,000
2 5. For repair of capitol complex parking lots in
3 accordance with capitol complex renovation plans:
4 $ 1,500,000
5 6. For relocating the state library:
6 $ 4,000,000
7 Notwithstanding section 8.33, unencumbered or
8 unobligated funds remaining on June 30, 2003, from the
9 funds appropriated in this section, shall revert to
10 the rebuild Iowa infrastructure fund on August 31,
11 2003.
12 Sec. 5. There is appropriated from the rebuild
13 Iowa infrastructure fund to the department of general
14 services for the fiscal year beginning July 1, 1999,
15 and ending June 30, 2000, the following amount, or so
16 much thereof as is necessary, to be used for the
17 purpose designated:
18 For construction of a new gymnasium building at the
19 state training school:
20 $ 4,000,000
21 Sec. 6. The department of general services, after
22 consulting with the appropriate committee designated
23 by the legislative council, shall contract with a
24 private person with experience in evaluating the
25 renovation and repair needs of vertical infrastructure
26 as defined in section 8.57, subsection 5, paragraph
27 "c", to conduct the survey of the condition of state-
28 owned property.
29 DEPARTMENT OF ECONOMIC DEVELOPMENT
30 Sec. 7. There is appropriated from the rebuild
31 Iowa infrastructure fund to the department of economic
32 development for the fiscal period beginning July 1,
33 1997, and ending June 30, 1998 1999, the following
34 amounts, or so much thereof as is necessary, to be
35 used for the purposes designated:
36 1. For the fiscal year beginning July 1, 1997, and
37 ending June 30, 1998:
38 a. For a welcome center at living history farms:
39 $ 500,000
40 b. For the historical site preservation grant
41 program:
42 $ 500,000
43 c. For construction of a China-Des Moines trade
44 and cultural center:
45 $ 150,000
46 d. For the main street investments loan program,
47 notwithstanding section 8.57, subsection 5, paragraph
48 "c":
49 $ 200,000
50 2. For the fiscal year beginning July 1, 1998, and
Page 6
1 ending June 30, 1999:
2 a. For the historical site preservation grant
3 program:
4 $ 2,500,000
5 b. For a welcome center at Okoboji:
6 $ 200,000
7 Notwithstanding section 8.33, the unencumbered or
8 unobligated moneys remaining on June 30 of the fiscal
9 year from the moneys appropriated in this section may
10 be expended during the following fiscal year for the
11 same purpose.
12 Sec. 8. 1996 Iowa Acts, chapter 1218, section 55,
13 unnumbered paragraph 1, is amended to read as follows:
14 There is appropriated from the rebuild Iowa
15 infrastructure fund of the state, notwithstanding
16 section 8.57, subsection 5, paragraph "c", to the Iowa
17 department of economic development for the fiscal
18 years beginning July 1, 1996, and ending June 30,
19 1998, the following amounts, or so much thereof as is
20 necessary, to be deposited in the physical
21 infrastructure assistance fund created in section
22 15E.175 and used only in accordance with subsection 3,
23 provided that the department, to the best of its
24 abilities, expend the funds on projects which meet the
25 definition of vertical infrastructure:
26 Sec. 9. 1996 Iowa Acts, chapter 1218, section 55,
27 subsection 2, is amended to read as follows:
28 2. For the fiscal year beginning July 1, 1997, and
29 ending June 30, 1998, the following amount:
30 $ 6,100,000
31
4,130,000
32 DEPARTMENT OF PUBLIC DEFENSE
33 Sec. 10. There is appropriated from the rebuild
34 Iowa infrastructure fund to the department of public
35 defense for the fiscal year beginning July 1, 1997,
36 and ending June 30, 1998, the following amount, or so
37 much thereof as is necessary, to be used for the
38 purpose designated:
39 For maintenance and repair of national guard
40 armories and facilities:
41 $ 400,000
42 Notwithstanding section 8.33, the unencumbered or
43 unobligated moneys remaining on June 30 of the fiscal
44 year from the moneys appropriated in this section may
45 be expended during the following fiscal year for the
46 same purpose.
47 DEPARTMENT OF NATURAL RESOURCES
48 Sec. 11. There is appropriated from the marine
49 fuel tax receipts deposited in the general fund of the
50 state to the department of natural resources for the
Page 7
1 fiscal year beginning July 1, 1997, and ending June
2 30, 1998, the following amount, or so much thereof as
3 is necessary, to be used for the purpose designated:
4 For the purpose of funding capital projects funded
5 from marine fuel tax receipts for the purposes
6 specified in section 452A.79:
7 $ 1,800,000
8 Notwithstanding section 8.33, unencumbered or
9 unobligated funds remaining on June 30, 1998, from the
10 funds appropriated in this section, shall revert to
11 the general fund of the state on August 31, 1998.
12 STATE DEPARTMENT OF TRANSPORTATION
13 Sec. 12. There is appropriated from the rebuild
14 Iowa infrastructure fund to the state department of
15 transportation for the fiscal year beginning July 1,
16 1997, and ending June 30, 1998, the following amounts,
17 or so much thereof as is necessary, to be used for the
18 purposes designated:
19 1. For allocating $75,000 for the Nishna Valley
20 trail project at Anita state park and for acquiring,
21 constructing, and improving recreational trails within
22 the state:
23 $ 1,000,000
24 2. For funding, on a matching basis, recreational
25 trail projects, with priority given to completion of
26 trail connections and sections between existing trails
27 and parks within the established state recreational
28 trails system:
29 $ 1,000,000
30 Projects funded in subsection 2 shall be matched by
31 one dollar of private or other funds for each three
32 dollars of state funds.
33 The department may, upon proper documentation from
34 the governmental subdivision, pay the state's share of
35 a project directly to the contractor undertaking the
36 project.
37 Notwithstanding section 8.33, unencumbered or
38 unobligated funds remaining on June 30 of the fiscal
39 year from funds appropriated in this section shall not
40 revert to the rebuild Iowa infrastructure fund but
41 shall remain available for expenditure for the same
42 purpose during the following fiscal year.
43 Sec. 13. There is appropriated from the rebuild
44 Iowa infrastructure fund to the state department of
45 transportation for the fiscal year beginning July 1,
46 1998, and ending June 30, 1999, the following amounts,
47 or so much thereof as is necessary, to be used for the
48 purposes designated:
49 1. For acquiring, constructing, and improving
50 recreational trails within the state:
Page 8
1 $ 1,000,000
2 2. For funding, on a matching basis, recreational
3 trail projects, with priority given to completion of
4 trail connections and sections between existing trails
5 and parks within the established state recreational
6 trails system:
7 $ 1,000,000
8 Projects funded in subsection 2 shall be matched by
9 one dollar of private or other funds for each three
10 dollars of state funds.
11 The department may, upon proper documentation from
12 the governmental subdivision, pay the state's share of
13 a project directly to the contractor undertaking the
14 project.
15 Notwithstanding section 8.33, unencumbered or
16 unobligated funds remaining on June 30 of the fiscal
17 year from funds appropriated in this section shall not
18 revert to the rebuild Iowa infrastructure fund but
19 shall remain available for expenditure for the same
20 purpose during the following fiscal year.
21 DEPARTMENT OF REVENUE AND FINANCE
22 Sec. 14. Notwithstanding section 8.57, subsection
23 5, paragraph "c", there is appropriated from the
24 rebuild Iowa infrastructure fund to the department of
25 revenue and finance for the fiscal year beginning July
26 1, 1997, and ending June 30, 1998, the following
27 amount, or so much thereof as is necessary, to be used
28 for the purpose designated:
29 For upgrades to the Iowa financial accounting
30 system, provided that none of the moneys appropriated
31 in this section shall be used for personnel expenses
32 not associated with the installation of the upgrades
33 to the system or for training expenses:
34 $ 1,875,000
35 DEPARTMENT OF PUBLIC SAFETY
36 Sec. 15. Notwithstanding section 8.57, subsection
37 5, paragraph "c", there is appropriated from the
38 rebuild Iowa infrastructure fund to the department of
39 public safety for the fiscal period beginning July 1,
40 1997, and ending June 30, 2000, the following amount,
41 or so much thereof as is necessary, to be used for the
42 conversion of the department of public safety's radio
43 system from analog to digital technology, provided
44 that none of the moneys appropriated in this section
45 shall be used for personnel expenses not associated
46 with the installation of the radio system or for
47 training expenses:
48 1. For the fiscal year beginning July 1, 1997, and
49 ending June 30, 1998:
50 $ 1,897,786
Page 9
1 2. For the fiscal year beginning July 1, 1998, and
2 ending June 30, 1999:
3 $ 2,074,663
4 3. For the fiscal year beginning July 1, 1999, and
5 ending June 30, 2000:
6 $ 2,339,200
7 The department of public safety shall notify local
8 law enforcement agencies and fire departments of the
9 department's intent to purchase new radio equipment
10 and shall allow any local law enforcement agency or
11 fire department, which wishes to purchase with its own
12 funds on the same purchase order, to participate in
13 the joint purchase in order to purchase new radio
14 equipment for the local law enforcement agency or fire
15 department.
16 Notwithstanding section 8.33, unencumbered or
17 unobligated moneys remaining on June 30, 2001, shall
18 revert on August 31, 2001.
19 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
20 Sec. 16. There is appropriated from the rebuild
21 Iowa infrastructure fund, notwithstanding section
22 8.57, subsection 5, paragraph "c", to the department
23 of agriculture and land stewardship for the fiscal
24 period beginning July 1, 1997, and ending June 30,
25 1999, the following amounts, or so much thereof as is
26 necessary, to be used for deposit in the alternative
27 drainage system assistance fund created in section
28 159.29A, if enacted by 1997 Iowa Acts, Senate File
29 473, for purposes of supporting the alternative
30 drainage system assistance program administered by the
31 soil conservation division of the department of
32 agriculture and land stewardship as provided in
33 section 159.29B, if enacted by 1997 Iowa Acts, Senate
34 File 473:
35 1. For the fiscal year beginning July 1, 1997, and
36 ending June 30, 1998:
37 $ 1,500,000
38 2. For the fiscal year beginning July 1, 1998, and
39 ending June 30, 1999:
40 $ 1,500,000
41 As a condition of receiving the appropriations in
42 this section, the department shall allocate seventy-
43 five percent of the estimated or actual cost of
44 improvements as defined by section 468.3, not to
45 exceed five hundred thousand dollars each fiscal year,
46 for a single drainage improvement project, which will
47 provide alternative drainage outlets to allow for the
48 closing of thirty or more agricultural drainage wells,
49 constructed by a drainage district established under
50 section 468.22 on or after July 1, 1987, and prior to
Page 10
1 July 1, 1997, for which a construction contract for
2 the project is successfully let prior to March 1,
3 1998.
4 DEPARTMENT OF WORKFORCE DEVELOPMENT
5 Sec. 17. Notwithstanding section 8.57, subsection
6 5, paragraph "c", there is appropriated from the
7 rebuild Iowa infrastructure fund to the department of
8 workforce development for the fiscal period beginning
9 July 1, 1997, and ending June 30, 1999, the following
10 amounts, or so much thereof as is necessary, to be
11 used for the integrated information system provided
12 that none of the moneys appropriated in this section
13 shall be used for personnel expenses not associated
14 with the installation of the system or for training
15 expenses:
16 1. For the fiscal year beginning July 1, 1997, and
17 ending June 30, 1998:
18 $ 700,000
19 2. For the fiscal year beginning July 1, 1998, and
20 ending June 30, 1999:
21 $ 300,000
22 JUDICIAL DEPARTMENT
23 Sec. 18. There is appropriated from the rebuild
24 Iowa infrastructure fund to the judicial department
25 for the fiscal period beginning July 1, 1997, and
26 ending June 30, 1999, the following amounts, or so
27 much thereof as is necessary, to be used for the
28 purposes designated:
29 1. For the fiscal year beginning July 1, 1997, and
30 ending June 30, 1998, for planning for the relocation
31 of judicial department offices out of the capitol:
32 $ 150,000
33 2. For the fiscal year beginning July 1, 1998, and
34 ending June 30, 1999, contingent on the decision being
35 made to relocate the judicial department's offices out
36 of the capitol:
37 $ 2,000,000
38 Notwithstanding section 8.33, moneys appropriated
39 under subsection 2 remaining unobligated or unexpended
40 at the end of the fiscal year, shall not revert until
41 August 31, 2001.
42 COMMISSION OF VETERANS AFFAIRS
43 Sec. 19. There is appropriated from the rebuild
44 Iowa infrastructure fund to the commission of veterans
45 affairs for the fiscal period beginning July 1, 1997,
46 and ending June 30, 1999, the following amounts, or so
47 much thereof as is necessary, to be used for the
48 purposes designated:
49 1. For the fiscal year beginning July 1, 1997, and
50 ending June 30, 1998, for expansion of the food
Page 11
1 preparation area and dining room at the veteran's
2 home:
3 $ 1,400,000
4 2. For the fiscal year beginning July 1, 1998, and
5 ending June 30, 1999, for expansion of the food
6 preparation area and dining room and major maintenance
7 at the veteran's home, provided that not more than
8 $850,000 shall be allocated for major maintenance
9 projects:
10 $ 2,750,000
11 Notwithstanding section 8.33, the unencumbered or
12 unobligated moneys remaining on June 30 of the fiscal
13 year from the moneys appropriated in this section may
14 be expended during the following fiscal year for the
15 same purpose.
16 LOESS HILLS DEVELOPMENT AND CONSERVATION AUTHORITY
17 Sec. 20. There is appropriated from the rebuild
18 Iowa infrastructure fund, notwithstanding section
19 8.57, subsection 5, paragraph "c", to the Loess Hills
20 development and conservation authority for the fiscal
21 year beginning July 1, 1997, and ending June 30, 1998,
22 the following amount, or so much thereof as is
23 necessary, to be used for the purpose designated:
24 For deposit in the Loess Hills development and
25 conservation fund created in section 161D.2 for the
26 purposes specified in section 161D.1:
27 $ 742,500
28 IOWA STATE FAIR FOUNDATION
29 Sec. 21. There is appropriated from the rebuild
30 Iowa infrastructure fund of the state to the Iowa
31 state fair foundation for the fiscal period beginning
32 July 1, 1997, and ending June 30, 1999, the following
33 amount, or so much thereof as is necessary, to be used
34 for rennovation, restoration, and improvement projects
35 on the state fairgrounds and for distributing in
36 accordance with chapter 174, $1,060,000 each fiscal
37 year to qualified fairs which belong to the
38 association of Iowa fairs:
39 For the fiscal year beginning July 1, 1997, and
40 ending June 30, 1998:
41 $ 5,460,000
42 For the fiscal year beginning July 1, 1998, and
43 ending July 1, 1999:
44 $ 5,460,000
45 Notwithstanding section 8.33, the unencumbered or
46 unobligated moneys remaining on June 30 of the fiscal
47 year from the moneys appropriated in this section may
48 be expended during the following fiscal year for the
49 same purpose.
50 Sec. 22. Effective July 1, 1997, the departments
Page 12
1 of general services, workforce development, and public
2 safety, and the commission on veterans affairs are
3 authorized to enter into contracts for the full cost
4 of carrying out the projects for which appropriations
5 are made in this division of this Act. The state
6 shall not be obligated for costs associated with
7 contracts identified in this section in excess of
8 funds appropriated by the general assembly.
9 DIVISION II
10 STATE BOARD OF REGENTS
11 Sec. 23.
12 1. There is appropriated from the rebuild Iowa
13 infrastructure fund of the state to the state board of
14 regents for the fiscal period beginning July 1, 1997,
15 and ending June 30, 2001, the following amounts, or so
16 much thereof as is necessary, to be used for the
17 projects designated in subsection 2:
18 a. For the fiscal year beginning July 1, 1997, and
19 ending June 30, 1998:
20 $ 19,500,000
21 b. For the fiscal year beginning July 1, 1998, and
22 ending June 30, 1999:
23 $ 19,500,000
24 c. For the fiscal year beginning July 1, 1999, and
25 ending June 30, 2000:
26 $ 19,500,000
27 d. For the fiscal year beginning July 1, 2000, and
28 ending June 30, 2001:
29 $ 11,915,000
30 The state board of regents shall determine the
31 amounts to be allocated to each project for each
32 fiscal year of the fiscal period beginning July 1,
33 1997, and ending June 30, 2001, based upon project
34 needs. However, the total appropriated funds for a
35 project for all fiscal years of that fiscal period
36 shall not exceed the amount listed in subsection 2 for
37 that project.
38 2. The state board of regents is authorized to
39 undertake, plan, construct, equip, and otherwise carry
40 out the following projects at the institutions under
41 the jurisdiction of the board in the following
42 appropriated amounts:
43 a. For construction of the livestock infectious
44 disease isolation facility at Iowa state university of
45 science and technology:
46 $ 9,270,000
47 b. For construction and renovation of the medical
48 education and biomedical research facilities at the
49 university of Iowa:
50 $ 27,000,000
Page 13
1 c. For renovation of Lang hall at the university
2 of northern Iowa:
3 $ 12,900,000
4 d. For Phase II construction of the engineering
5 teaching and research complex at Iowa state university
6 of science and technology:
7 $ 20,900,000
8 e. For improvements to the lakeside laboratory
9 complex:
10 $ 140,000
11 f. Conditioned upon the state board of regents
12 allocating funding for building maintenance at the
13 Iowa school for the deaf for the fiscal year beginning
14 July 1, 1997, and ending June 30, 1998, in an amount
15 equal to or greater than the amount of funding
16 allocated for that purpose in the previous fiscal
17 year, the following amount, to be used for a visual
18 alert system and to address fire safety deficiencies
19 at the Iowa school for the deaf:
20 $ 110,000
21 g. Conditioned upon the state board of regents
22 allocating funding for building maintenance at the
23 Iowa braille and sight saving school for the fiscal
24 year beginning July 1, 1997, and ending June 30, 1998,
25 in an amount equal to or greater than the amount of
26 funding allocated for that purpose in the previous
27 fiscal year, the following amount, to be used for
28 deferred maintenance at the Iowa braille and sight
29 saving school:
30 $ 95,000
31 3. Effective July 1, 1997, the state board of
32 regents is authorized to enter into contracts for the
33 full cost of carrying out the projects listed in
34 subsection 2, for which appropriations are made in
35 subsection 1, for the fiscal years beginning July 1,
36 1997, July 1, 1998, July 1, 1999, and July 1, 2000.
37 The state shall not be obligated for costs
38 associated with contracts identified in this section
39 in excess of funds appropriated by the general
40 assembly.
41 4. a. Notwithstanding section 8.33, funds
42 appropriated in subsection 1, paragraph "a", for the
43 fiscal year beginning July 1, 1997, which remain
44 unexpended as of June 30, 1998, shall be available for
45 expenditure through June 30, 2002.
46 b. Notwithstanding section 8.33, funds
47 appropriated in subsection 1, paragraph "b", for the
48 fiscal year beginning July 1, 1998, which remain
49 unexpended as of June 30, 1999, shall be available for
50 expenditure through June 30, 2003.
Page 14
1 c. Notwithstanding section 8.33, funds
2 appropriated in subsection 1, paragraph "c", for the
3 fiscal year beginning July 1, 1999, which remain
4 unexpended as of June 30, 2000, shall be available for
5 expenditure through June 30, 2004.
6 d. Notwithstanding section 8.33, funds
7 appropriated in subsection 1, paragraph "d", for the
8 fiscal year beginning July 1, 2000, which remain
9 unexpended as of June 30, 2001, shall be available for
10 expenditure through June 30, 2005.
11 The board of regents shall not submit a request to
12 the governor or general assembly for funding from the
13 rebuild Iowa infrastructure fund or other funds for
14 capital projects, including funding for planning for
15 capital projects, until fiscal year 2001, except for
16 project or planning funding requested for the Iowa
17 school for the deaf or the Iowa braille and sight
18 saving school.
19 DIVISION III
20 COMMUNITY COLLEGE VOCATIONAL-TECHNICAL
21 TECHNOLOGY IMPROVEMENT PROGRAM
22 Sec. 24. NEW SECTION. 260A.1 COMMUNITY COLLEGE
23 VOCATIONAL-TECHNICAL TECHNOLOGY IMPROVEMENT
24 APPROPRIATION.
25 1. Notwithstanding section 8.57, subsection 5,
26 paragraph "c", there is appropriated from the rebuild
27 Iowa infrastructure fund created in section 8.57, to
28 the department of education for each fiscal year of
29 the fiscal period beginning July 1, 1997, and ending
30 June 30, 2001, the sum of three million dollars for
31 the community college vocational-technical technology
32 improvement program.
33 2. Moneys appropriated in subsection 1 shall be
34 allocated by the department of education to each
35 community college in the proportion that the
36 allocation to that community college in 1996 Iowa
37 Acts, chapter 1215, section 6, subsection 15, bears to
38 the total appropriation made in 1996 Iowa Acts,
39 chapter 1215, section 6, subsection 15, to all
40 community colleges.
41 3. For each year in which an appropriation is made
42 to the community college vocational-technical
43 technology improvement program, the department of
44 education shall notify the department of revenue and
45 finance of the amount to be paid to each community
46 college based upon the allocation criteria set forth
47 for the appropriation pursuant to subsection 2.
48 Allocations to each community college under this
49 section shall be made in one payment on or about
50 October 15 and one payment on or about February 15 of
Page 15
1 the fiscal year in which the appropriation is made,
2 taking into consideration the relative budget and cash
3 position of the state resources.
4 4. Moneys received by a community college under
5 this section shall not be commingled with general
6 state financial aid, including financial aid to merged
7 areas in lieu of personal property tax replacement
8 payments under section 427A.13, to merged areas as
9 defined in section 260C.2, and including moneys
10 received for vocational education programs in
11 accordance with chapters 258 and 260C. Payments made
12 to a community college shall be accounted for by the
13 community college separately from other state aid
14 payments. Each community college shall maintain a
15 separate listing within its budget accounting for
16 payments received and expenditures made pursuant to
17 this section and section 260A.3.
18 5. Moneys received under this section shall
19 supplement, not supplant, the moneys each community
20 college budgets for technology. A community college
21 may also use moneys received under this section for
22 projects, as defined in section 8.57, subsection 5,
23 paragraph "c", related to the acquisition or
24 installation of technology. A community college shall
25 not be eligible for funds under this section unless
26 the community college, without including moneys
27 received under this section, maintains the same
28 average amount of expenditure for technology per year
29 as the community college maintains during the fiscal
30 period beginning July 1, 1994, and ending June 30,
31 1997.
32 6. Moneys received under this section shall not be
33 used for payment of any collective bargaining
34 agreement or arbitrator's decision negotiated or
35 awarded under chapter 20.
36 Sec. 25. NEW SECTION. 260A.2 COMMUNITY COLLEGE
37 VOCATIONAL-TECHNICAL TECHNOLOGY IMPROVEMENT PLANS.
38 Prior to receiving moneys under this chapter, the
39 board of directors of a community college shall adopt
40 a technology plan that supports community college
41 vocational-technical technology improvement efforts,
42 authorizes a needs assessment of business and industry
43 in the district, and includes an evaluation component,
44 and shall provide to the department of education
45 adequate assurance that funds received under this
46 chapter will be used in accordance with the technology
47 plan. The plan shall be developed by licensed
48 professional staff of the community college, including
49 both faculty members and school administrators, the
50 private sector, trade and professional organizations,
Page 16
1 and other interested parties, and shall, at a minimum,
2 focus on the attainment of the vocational-technical
3 skills and achievement goals of the student. The plan
4 shall consider the community college's
5 interconnectivity with the Iowa communications
6 network, and shall demonstrate how, over a four-year
7 period, the board will utilize technology to improve
8 vocational-technical student achievement. The
9 technology plan shall be kept on file at the community
10 college. Progress made under the plan shall be
11 reported annually to the department of education in a
12 manner prescribed by the department of education.
13 Sec. 26. NEW SECTION. 260A.3 COMMUNITY COLLEGE
14 VOCATIONAL-TECHNICAL TECHNOLOGY IMPROVEMENT
15 EXPENDITURES.
16 A community college shall expend funds received
17 pursuant to section 260A.1 for the acquisition, lease,
18 lease-purchase, installation, and maintenance of
19 instructional technology equipment used in vocational-
20 technical programs, including hardware and software,
21 materials and supplies related to instructional
22 technology, faculty development and training related
23 to instructional technology, and projects, as defined
24 in section 8.57, subsection 5, paragraph "c", related
25 to the acquisition or installation of technology
26 funded through this chapter, and shall establish
27 priorities for the use of the funds. However, funds
28 received by a community college pursuant to section
29 260A.1 shall not be expended to add a full-time
30 equivalent position or otherwise increase staffing.
31 Sec. 27. NEW SECTION. 260A.4 FUTURE REPEAL.
32 This chapter is repealed effective July 1, 2001.
33 DIVISION IV
34 MISCELLANEOUS STATUTORY CHANGES
35 Sec. 28. NEW SECTION. 7E.5A BUILDINGS AND
36 INFRASTRUCTURE - MAINTENANCE FUNDING.
37 1. For each new vertical infrastructure project
38 undertaken on or after July 1, 1997, the department in
39 control of the vertical infrastructure shall identify
40 and recommend to the general assembly funding
41 sufficient to meet the projected maintenance, repair,
42 and replacement needs of the vertical infrastructure.
43 2. As used in this section, "vertical
44 infrastructure" means the same as defined in section
45 8.57, subsection 5, paragraph "c".
46 Sec. 29. NEW SECTION. 15E.176 MAIN STREET
47 INVESTMENTS LOAN PROGRAM.
48 The department shall adopt rules to implement a
49 main street investments loan program to increase the
50 availability of lower cost funds to stimulate building
Page 17
1 restorations or rehabilitations of historic buildings
2 within the central business district of a city which
3 is a certified local government, or in the Iowa main
4 street program or the rural main street program. The
5 rules shall include the following conditions:
6 1. Investment loans shall be limited to projects
7 for a building restoration or rehabilitation located
8 in the central business district whose boundaries are
9 the same as the main street or rural main street or
10 central business district of a city which is a
11 certified local government project area.
12 2. Eligible borrowers are limited to the property
13 owner, contract purchaser of record, or long-term
14 lessee.
15 3. Loan applications under this program shall be
16 for the restoration or rehabilitation of buildings
17 which are eligible or nominated or listed on the
18 national register of historic places. Public
19 buildings are excluded.
20 4. The maximum loan amount under the main street
21 investments loan program is fifty thousand dollars per
22 project.
23 Sec. 30. NEW SECTION. 15.177 APPLICATION
24 PROCESS.
25 Applicants shall be certified as eligible for
26 assistance prior to submitting applications to the
27 department for loans under the main street investment
28 loan program. Administrative rules pursuant to
29 chapter 17A shall be adopted by the department in
30 consultation with the department of cultural affairs
31 to require applicants to do the following:
32 1. Show evidence of preliminary design assistance.
33 2. Show evidence of preliminary design review
34 approval from the local design review committee.
35 3. Submit project plans and specifications
36 prepared by a design professional with historic
37 preservation experience.
38 Sec. 31. NEW SECTION. 18.24 COORDINATION OF
39 VERTICAL INFRASTRUCTURE DATABASES.
40 1. The director shall establish by administrative
41 rule, and as part of a survey conducted regarding the
42 condition of state-owned property, a uniform system
43 for evaluating and rating vertical infrastructure
44 needs in the state so that the vertical infrastructure
45 needs of each state entity and proposed vertical
46 infrastructure projects, including the state board of
47 regents, can be compared. The director shall consult
48 with state entities which already have databases
49 regarding their vertical infrastructure needs and
50 shall seek input from individuals or organizations
Page 18
1 with expertise in public vertical infrastructure
2 assessment in drafting proposed rules.
3 2. As used in this section, "vertical
4 infrastructure" has the same meaning as in section
5 8.57, subsection 5, paragraph "c".
6 Sec. 32. Section 174.1, subsection 1, Code 1997,
7 is amended to read as follows:
8 1. "Fair" shall mean a bona fide exhibition of
9 agricultural, dairy, and kindred products, livestock,
10 and farm implements an annual gathering of people
that
11 incorporates agricultural exhibits, shows, or
12 competition which has the following activities:
13 a. Extension, 4-H, or future farmers of America
14 programs.
15 b. Commercial and educational exhibits.
16 c. Competition in the fine or home craft arts.
17 Sec. 33. Section 174.9, unnumbered paragraph 1,
18 Code 1997, is amended to read as follows:
19 Each eligible society which is a member of the
20 association of Iowa fairs and which conducts a county
21 fair shall be entitled to receive aid from the state
22 as provided in this chapter. In order to be eligible
23 for state aid, a society must file with the treasurer
24 of state Iowa state fair foundation, as established
in
25 section 173.22, on or before November 1 of each year,
26 a statement which shall show:
27 Sec. 34. Section 174.9, subsection 4, Code 1997,
28 is amended to read as follows:
29 4. A copy of the published financial statement
30 published as required by law, together with proof of
31 such publication and a certified statement showing an
32 itemized list of premiums awarded, and such other
33 information as the treasurer of state Iowa state
fair
34 foundation may require.
35 Sec. 35. Section 174.10, Code 1997, is amended to
36 read as follows:
37 174.10 APPROPRIATION - AVAILABILITY.
38 1. Each county shall receive an equal share of any
39 moneys appropriated to support one or more societies
40 conducting one or more county fairs in that county, if
41 the society or societies are eligible for the state
42 aid. Moneys Any moneys appropriated for county or
43 local fairs shall be paid directly to each eligible
44 society which conducts a fair which qualifies for
45 funding.
46 2. The association of Iowa fairs shall provide the
47 treasurer of state Iowa state fair foundation with a
48 list of each society in a county which is a member of
49 the association and conducts a fair in that county as
50 provided in this chapter. If a county has more than
Page 19
1 one fair, the association shall list the name of each
2 society conducting a fair in that county for three or
3 more years. The treasurer of state Iowa state fair
4 foundation shall not authorize payment of state aid to
5 a society, unless the society complies with section
6 174.9 and the name of the society appears on the
7 association's list.
8 3. If a county has more than one fair eligible for
9 state aid, the The amount of state aid for that
county
10 each fair which is eligible for state aid shall be
11 divided equally among the eligible societies in that
12 county equal.
13 4. If no society in a county qualifies to receive
14 state aid, that county's share shall be divided
15 equally among the counties with societies eligible for
16 state aid, as provided in this section.
17 5. If an official county fair is designated by
18 election, the total amount of state aid for that
19 county shall be paid to that society determined to be
20 conducting the official county fair. The board of
21 supervisors, upon receiving a petition seeking to
22 designate an official county fair which meets the
23 requirements of section 331.306, shall submit to the
24 registered voters of the county at the next general
25 election following submission of the petition or at a
26 special election if requested by the petitioners at no
27 cost to the county, the question of which fair shall
28 be designated as the official county fair. Notice of
29 the election shall be given as provided in section
30 49.53. The fair receiving a majority of the votes
31 cast on the question shall be designated the official
32 county fair.
33 Sec. 36. Section 174.12, unnumbered paragraph 1,
34 Code 1997, is amended to read as follows:
35 The department of revenue and finance shall issue a
36 warrant to a society for the amount due in state aid,
37 less five hundred dollars, as provided in this
38 chapter. The treasurer of state Iowa state fair
39 foundation must certify to the department that the
40 society is eligible under this chapter to receive the
41 amount due provided in section 174.10. The department
42 shall issue a warrant to the society for the remaining
43 five hundred dollars, if all of the following apply:
44 Sec. 37. NEW SECTION. 461A.3A RESTORE THE
45 OUTDOORS PROGRAM.
46 1. The department shall establish a restore the
47 outdoors program. The purpose of the program is to
48 provide funding for projects involving existing
49 vertical infrastructure as defined in section 8.57,
50 subsection 5, paragraph "c", or the construction of
Page 20
1 new vertical infrastructure if the new construction is
2 required due to increased demand for facilities at the
3 park or if it is not cost-effective to repair or
4 renovate the existing vertical infrastructure.
5 Projects shall be limited to existing state parks and
6 other public facilities managed by the department.
7 2. There is appropriated from the rebuild Iowa
8 infrastructure fund for each fiscal year of the fiscal
9 period beginning July 1, 1997, and ending June 30,
10 2001, the sum of four million dollars to the
11 department for use in the restore the outdoors program
12 of which, one million dollars shall be used to fund
13 projects in parks of governmental subdivisions which
14 are connected by a recreational trail to a state park
15 or the state recreational trail system.
16 Notwithstanding section 8.33, unencumbered or
17 unobligated moneys remaining at the end of a fiscal
18 year shall not revert but shall remain available for
19 expenditure during the following fiscal year for
20 purposes of the restore the outdoors program.
21 The department shall provide in its annual budget
22 documentations to the governor and general assembly a
23 report on the use of moneys under the program since
24 the last report and the projected use of future
25 moneys."
26 2. Title page, line 4, by striking the words
27 "human services,".
Mertz of Kossuth offered the following amendment H-1965, to the
Senate amendment H-1942, filed by her from the floor and moved
its adoption:
H-1965
1 Amend the Senate amendment, H-1942, to House File
2 733, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 18, by inserting after line 5 the
5 following:
6 "Sec. ___. Section 159.29A, if enacted by 1997
7 Iowa Acts, Senate File 473, is amended by adding the
8 following new subsection:
9 NEW SUBSECTION. 6. Any balance remaining
10 unobligated or unexpended on June 30, 1998, or June
11 30, 1999, not to exceed five hundred thousand dollars
12 each year, shall be transferred to the agricultural
13 management account of the groundwater protection fund
14 created in section 455E.11. Moneys deposited in that
15 account under this section shall be allocated to the
16 department of agriculture and land stewardship for
17 cost-share assistance for the following programs:
18 a. To reimburse owners of agricultural drainage
19 wells and surface water intakes which drain into
20 agricultural drainage wells for up to seventy-five
21 percent of the costs incurred after January 1, 1998,
22 to prevent surface water drainage into agricultural
23 drainage wells in accordance with rules adopted
24 pursuant to section 455H.2.
25 b. To reimburse individual owners and users of
26 agricultural drainage wells for up to seventy-five
27 percent of the costs incurred after July 1, 1997, to
28 close agricultural drainage wells and to connect
29 drainage systems which are tributary to the drainage
30 wells to alternative drainage outlets."
31 2. By renumbering as necessary.
Roll call was requested by Mertz of Kossuth and Siegrist of
Pottawattamie.
Rule 75 was invoked.
On the question "Shall amendment H-1965, to the Senate amendment
H-1942, be adopted?" (H.F. 733)
The ayes were, 44:
Bell Bernau Brand Bukta
Burnett Chapman Chiodo Cohoon
Doderer Dotzler Drees Falck
Fallon Foege Ford Frevert
Holveck Huser Jochum Kinzer
Koenigs Kreiman Larkin Mascher
May Mertz Moreland Mundie
Murphy Myers O'Brien Osterhaus
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Taylor Thomas Warnstadt
Weigel Whitead Wise Witt
The nays were, 52:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Carroll Churchill Corbett, Spkr. Cormack
Dinkla Dix Dolecheck Drake
Eddie Garman Greig
Greiner Gries Grundberg Hahn
Hansen Heaton Holmes Houser
Huseman Jacobs Jenkins Klemme
Kremer Lamberti Larson Lord Martin
Meyer Millage Rants Rayhons
Siegrist Sukup Teig Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Weidman Welter Gipp,
Presiding
Absent or not voting, 4:
Cataldo Connors Metcalf Nelson
Amendment H-1965 lost.
On motion by Brauns of Muscatine, the House concurred in the
Senate amendment H-1942.
Brauns of Muscatine moved that the bill, as amended by the
Senate and concurred in by the House, be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 733)
The ayes were, 91:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Corbett, Spkr.
Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Foege Ford
Frevert Garman Greig
Greiner Gries Grundberg Hahn
Hansen Heaton Holmes Holveck
Houser Huseman Huser Jacobs
Jenkins Kinzer Klemme Koenigs
Kreiman Kremer Lamberti Larkin
Larson Lord Martin Mascher
May Meyer Millage Mundie
Murphy Myers Osterhaus Rants
Rayhons Reynolds-Knight Richardson Scherrman
Schrader Shoultz Siegrist Sukup
Taylor Teig Thomas Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Whitead Witt Gipp,
Presiding
The nays were, 7:
Fallon Jochum Mertz Metcalf
Moreland O'Brien Wise
Absent or not voting, 2:
Connors Nelson
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 733 be immediately messaged to the Senate.
RULES SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
to suspend the rules for the immediate consideration of House
File 734.
Appropriations Calendar
House File 734, a bill for an act relating to the criminal and
civil justice system by providing for the imposition of a civil
penalty for certain motor vehicle license convictions, for the
appropriation and distribution of the penalties collected, and
for the imposition and payment of fees for probation and parole,
and concerning inmate employment in private industry, with
report of committee recommending amendment and passage, was
taken up for consideration.
Lamberti of Polk offered the following amendment H-1966 filed by
the committee on appropriations, from the floor, and moved its
adoption:
H-1966
1 Amend House File 734 as follows:
2 1. Page 1, by striking lines 3 through 4 and
3 inserting the following: "When the department
4 suspends, revokes, or bars a person's motor vehicle
5 license or nonresident operating privilege under this
6 chapter, the department".
7 2. Page 1, by striking lines 12 through 22.
8 3. Page 1, by striking lines 25 through 26 and
9 inserting the following: "When the department
10 suspends, revokes, or bars a person's motor vehicle
11 license or nonresident operating privilege under this
12 chapter,".
13 4. Page 2, by striking lines 31 through 32 and
14 inserting the following: "of human services
15 collection services center."
16 5. Page 7, line 31, by striking the figure ",
17 321.561A,".
18 6. Page 8, by striking line 8 and inserting the
19 following: "the judicial".
20 7. Title page, line 3, by striking the word
21 "convictions" and inserting the following:
22 "suspensions, revocations, or bars".
23 8. By renumbering as necessary.
The committee amendment H-1966 was adopted.
Kreiman of Davis offered the following amendment H-1967 filed by
him and Sukup of Franklin from the floor and moved its adoption:
H-1967
1 Amend House File 734 as follows:
2 1. Page 4, by striking lines 2 through 32.
3 2. Page 6, by striking lines 5 through 10 and
4 inserting the following: "misdemeanor."
5 3. By renumbering as necessary.
Amendment H-1967 was adopted.
Lamberti of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 734)
The ayes were, 98:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Corbett, Spkr.
Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege
Ford Frevert Garman Greig
Greiner Gries Grundberg Hahn
Hansen Heaton Holmes Holveck
Houser Huseman Huser Jacobs
Jenkins Jochum Kinzer Klemme
Koenigs Kreiman Kremer Lamberti Larkin
Larson Lord Martin Mascher
May Mertz Metcalf Meyer
Millage Moreland Mundie Murphy
Myers O'Brien Osterhaus Rants
Rayhons Reynolds-Knight Richardson Scherrman
Schrader Shoultz Siegrist Sukup
Taylor Teig Thomas Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Gipp,
Presiding
The nays were, none.
Absent or not voting, 2:
Connors Nelson
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 734 be immediately messaged to the Senate.
MOTION TO RECONSIDER
(Senate File 542)
I move to reconsider the vote by which Senate File 542 passed
the House on April 28, 1997.
MILLAGE of Scott
BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR
The Chief Clerk of the House submitted the following report:
Mr. Speaker: The Chief Clerk of the House respectfully reports
that the following bills have been examined and found correctly
enrolled, signed by the Speaker of the House and the President
of the Senate, and presented to the Governor for his approval on
this 25th day of April, 1997: House File 331.
Also presented to the Governor for his approval on this 28th day
of April, 1997: House Files 81, 92, 126, 133, 336, 367, 376,
416, 439, 552, 553 and 704.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Report adopted.
SPECIAL PRESENTATION
Carroll of Poweshiek presented to the House, six students and
two high school teachers from Zhelnevosdk, Russia. The students
are visiting Grinnell for three weeks. They were accompanied by
Gordan Canfield of Grinnell.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Fifteen girls who are taking part in the State History Fair,
from Maharishi School, Fairfield, accompanied by their teachers
and parents. By Reynolds-Knight of Van Buren.
Fifty 5th grade students from Grant Elementary School,
Oskaloosa, accompanied by Margaret Maddox. By Van Maanen of
Marion.
COMMUNICATION RECEIVED
The following communication was received and filed in the office
of the Chief Clerk:
CAPITOL PLANNING COMMISSION
The Annual Report, pursuant to Chapter 18A.3, Code of Iowa.
CERTIFICATES OF RECOGNITION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.
ELIZABETH A. ISAACSON
Chief Clerk of the House
1997\457 Matthew E. Whiting, Ft. Dodge - For attaining the rank
of Eagle Scout, the highest rank in the Boy Scouts of America.
1997\458 Michael Charles Hanson, Manchester - For attaining the
rank of Eagle Scout, the highest rank in the Boy Scouts of
America.
1997\459 Clara and Francis Toale, Independence - For celebrating
their 50th wedding anniversary.
1997\460 Irma and Arnold Luzum, St. Lucas - For celebrating
their 50th wedding anniversary.
1997\461 Betty and B. L. (Jake) Gaffney, Winthrop - For
celebrating their 50th wedding anniversary.
1997\462 Mildred and Robert Michels, Hazelton - For celebrating
their 50th wedding anniversary.
1997\463 Vernon (Bud) and Lucille Cornwell Hall, Independence -
For celebrating their 50th wedding anniversary.
1997\464 Ann and Glenn Scheel, Oelwein - For celebrating their
50th wedding anniversary.
1997\465 Alberta and Richard Allen, Chariton - For celebrating
their 50th wedding anniversary.
1997\466 Leona and Donnel Logsdon, Cincinnati - For celebrating
their 50th wedding anniversary.
1997\467 Sister Mary Kurt, Sacred Heart School - For receiving a
"Thanks to Teachers" Award in the Show You Care event.
1997\468 Samantha Hackett, Corydon - For receiving Best of State
in the PTA Reflections Arts Competition.
1997\469 Marcy Baker, Lenox - For being selected a Southwest
Regional Winner for the Des Moines Register's 1997 Academic
All-State Team.
1997\470 Trent Pals, Clinton - For being selected a Southeast
Regional Winner for the Des Moines Register's 1997 Academic
All-State Team.
1997\471 Deanna Marie Bott, Goose Lake - For being named to the
Des Moines Register's 1997 Academic All-State Team.
1997\472 Donna and Lawrence Anderson, Aurelia - For celebrating
their 50th wedding anniversary.
1997\473 Nellie Turnbull, Corning - For celebrating her 95th
birthday.
1997\474 Ryan Sunderman, Villisca - For receiving the Iowa FFA
Degree, the highest degree awarded by the State FFA Association.
1997\475 Michael D. Williams, Cedar Falls - For being selected a
Northeast Regional Winner for the Des Moines Register's 1997
Academic All-State Team.
1997\476 Keokuk High School Jazz Band, Keokuk - For being named
the best overall band at the All American Music Festival in
Orlando, Florida.
1997\477 Director Kim Ward, Assistant Director Cecilia Cardenas,
and the Norwalk Jazz Revue, Norwalk - For receiving 1st and 2nd
place awards at the National Music City Contest held in
Nashville, Tennessee.
1997\478 Matthew R. Mitchell, West Des Moines - For being named
to the Des Moines Register's 1997 Academic All-State Team.
1997\479 Anne Poduska, Mount Vernon - For being selected a
Northeast Regional Winner for the Des Moines Register's 1997
Academic All-State Team.
1997\480 Miranda Hinrichs, Lisbon - For being selected a
Northeast Regional Winner for the Des Moines Register's 1997
Academic All-State Team.
1997\481 Nathan T. Willems, Anamosa - For being selected a
Northeast Regional Winner for the Des Moines Register's 1997
Academic All-State Team.
1997\482 Elsie and Harm Werkman, Waterloo - For celebrating
their 50th wedding anniversary.
1997\483 Alice and Leonard Cook, Mingo - For celebrating their
55th wedding anniversary.
1997\484 Mia Noller, West Point - For being named an All-State
Speaker by the Iowa High School Speech Association.
1997\485 Arron Ort, Ft. Madison - For being named an All-State
Speaker by the Iowa High School Speech Association.
1997\486 Beth Reid, Ft. Madison - For being named an All-State
Speaker by the Iowa High School Speech Association.
1997\487 Bob Bartelt, Mediapolis High School, Mediapolis - For
being selected a Southeast Regional Winner for the Des Moines
Register's 1997 Academic All-State Team.
SUBCOMMITTEE ASSIGNMENTS
Senate File 544
Ways and Means: Dinkla, Chair; Frevert and Holmes.
Senate File 553
Ways and Means: Larson, Chair; Jenkins and Osterhaus.
COMMITTEE RECOMMENDATIONS
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendations have been received
and are on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON APPROPRIATIONS
House File 734, a bill for an act relating to the criminal and
civil justice system by providing for the imposition of a civil
penalty for certain motor vehicle license convictions, for the
appropriation and distribution of the penalties collected, and
for the imposition and payment of fees for probation and parole,
and concerning inmate employment in private industry.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1966 April 28,
1997.
COMMITTEE ON HUMAN RESOURCES
Senate File 541, a bill for an act relating to child day care
provisions involving group day care homes and establishing a
child care home pilot project.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1956 April 28,
1997.
COMMITTEE ON WAYS AND MEANS
Senate File 544, a bill for an act relating to the designation
of unincorporated areas of a county as rural improvement zones,
providing for improvement projects in the zones, authorizing the
issuance of certificates of indebtedness, and payment of the
indebtedness by tax increment financing and an annual standby
tax by such zones.
Fiscal Note is not required.
Recommended Do Pass April 28, 1997.
Senate File 545, a bill for an act relating to the nonrenewal or
suspension of motor vehicle licenses for failure to pay
indebtedness owed to or being collected by the state in pilot
project counties, and providing an effective date.
Fiscal Note is not required.
Recommended Do Pass April 28, 1997.
Senate File 553, a bill for an act relating to the tax treatment
of financial institutions and their shareholders which have made
an election under subchapter S of the Internal Revenue Code and
including a retroactive applicability date provision.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1974 April 28,
1997.
RESOLUTIONS FILED
HCR 25, by Blodgett, a concurrent resolution requesting an
interim committee on anatomical gift referral.
Laid over under Rule 25.
HCR 26, by Kinzer, Bell, Brand, and Myers, a concurrent
resolution providing for the formation of a committee by the
Legislative Council to evaluate the creation of a caregiver
recruitment and retention pilot program.
Laid over under Rule 25.
AMENDMENTS FILED
H_1956 S.F. 541 Committee on
Human Resources
H_1957 H.F. 266 Senate Amendment
H_1961 H.C.R. 22 Senate Amendment
H_1962 H.F. 642 Senate Amendment
H_1969 H.F. 266 Falck of Fayette
Dotzler of Black Hawk Brand of Tama
Murphy of Dubuque Whitead of Woodbury
Kinzer of Scott
H_1971 H.F. 266 Rants of Woodbury
Van Fossen of Scott
Larson of Linn
Brunkhorst of Bremer
H_1972 H.F. 266 Taylor of Linn
H_1974 S.F. 553 Committee on
Ways and Means
On motion by Siegrist of Pottawattamie, the House adjourned at
10:53 p.m., until 8:45 a.m., Tuesday, April 29, 1997.
| Previous Day: Thursday, April 24 | Next Day: Tuesday, April 29 |
| Senate Journal: Index | House Journal: Index |
| Legislation: Index | Bill History: Index |
Iowa General Assembly
Index: House Journal (77th General Assembly: Session 1)
© 1997 Cornell College and League of Women Voters of Iowa
Comments about this site or page? hjourn@legis.iowa.gov. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu May 1 10:10:03 CDT 1997
URL: /DOCS/GA/77GA/Session.1/HJournal/Day/0428.html
jhf